Federal Court of Australia
JUDGMENT NO. suc mal ost to
IN _ THE FEDERAL COURT OF AUSTRALIA
N
WALES DISTRICT REGISTRY No. G 300 of 1993
GEN i, DIVISION
BETWEEN: TOOHEYS LIMITED First Applicant J.L. LENNARD PTY LTD Second Applicant
AND: ROHLIG & CO (GMBH & CO)
First Respondent
RECEIVED ANL LIMITED - OWNERS OF THE -§ OCT 1994
VESSEL "AUSTRALIAN VENTURE"
FEDERAL COURT OF Second Respondent
AUSTRALIA PRINCIPAL
CORAM : DATE: The Court 1. 2. 3. 4. Note:
SCHAEFER FORDERANLAGEN= UND MASCHINENBAU GMBH
Third Respondent
Beaumont J 4 October 1994 MINUTE OF ORDERS
Orders that:
Application for leave to amend the statement of claim by adding paragraph 4 in the terms of MFI 2 is refused.
The applicants are to inform the respondents in writing within 28 days of any other amendments proposed to be made to the amended statement of claim, provided that this direction shall not be treated as the grant of leave to amend.
Time for making an application for leave to appeal is extended up to and including 4 November 1994.
As between the third respondent and the applicants, the costs will be costs in the cause. As between the applicants and the first and second respondents, the applicants are to pay the first and second respondents' costs of the application.
Settlement and entry of orders is dealt with in Order 36 if the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA N OUTH WALES DISTRICT REGISTRY No. G 300 of 1993
GENERAL DIVISION BETWEEN: TOOHEYS LIMITED First Applicant J.-L. LENNARD PTY LTD Second Applicant AND: ROHLIG & CO (GMBH & CO) First Respondent
ANL LIMITED - OWNERS OF THE VESSEL "AUSTRALIAN VENTURE"
Second Respondent
SCHAEFER FORDERANLAGEN— UND MASCHINENBAU GMBH
Third Respondent
CORAM : Beaumont J
DATE: 4 October 1994
REASONS FOR JUDGMENT
Before the Court is an application to amend a statement of claim which in its original form was filed on 17 May 1993. A relevant amendment is to replace the existing
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