Federal Court of Australia
JUDGMENT No. 4.b44,.%
NOT FOR DISTRIBUTION
CATCHWORDS
PRACTICE AND PROCEDURE - pleading - particulars ~ specific
discovery.
Federal Court Rules 0.15 r.8
PERCEPTUAL DEVELOPMENT CORPORATION v VERSI PTY LTD, DONALD LEE
ZIMMERMAN and WINIFRED CAROLINE ZIMMERMAN
No. WAG 78 of 1987
FRENCH J. PERTH
17 AUGUST 1988
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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
BETWEEN:
No. WAG 78 of 1987
PERCEPTUAL DEVELOPMENT CORPORATION Applicant
and
VERSI PTY LTD First Respondent
and
DONALD LEE ZIMMERMAN Second Respondent
and
WINIFRED CAROLINE ZIMMERMAN Third Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER:
17 AUGUST 1988
WHERE MADE: PERTH
THE COURT ORDERS THAT:
A.
On the Respondents' motion filed 26 July 1988:-
1.
The respondents have leave to amend the defence in accordance with the minute filed on 26 July 1988.
The respondents have leave to amend their further and better particulars of defence in accordance with the minute filed in Court on 17 August 1988.
Piling and service of the Minutes stand as filing and
service of the amended pleading and particulars.
eens
2.
The respondents are to pay the applicant's costs of the motion and any costs thrown away in any event.
The applicant do on or before 31 August 1988 file and deliver further and better particulars in answer to request ll(g) in the respondents' request dated 18 May 1988.
On the applicant's motion filed 15 July 1988:-
1.
Paragraph 5(£)(i) of the re-amended defence is. struck out.
All words after and including "or alternatively" up to and including "the licensing agreement" in paragraph 7 of the re~amended defence are struck out.
The respondents are to plead their positive case in answer to paragraphs 6A and 11B of the re-amended statement of claim.
The respondents will have leave to file and deliver a further amended defence on or before 7 September 1988. The respondent will have leave to file and deliver substituted particulars of the amended defence on or before 14 September 1988.
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