Federal Court of Australia
JUDGMENT No. dt UE
CATCHWORDS
PRACTICE AND PROCEDURE - costs - payment into court - acceptance within time fixed - late amendment to statement of claim - whether change in risk - whether Court should "otherwise order"
as to costs prior to amendment.
Federal Court Rules, O 23 rr 4(1), 5(3)(7), 11(1)(2)
Trade Practices Act 1974 (Cth), ss52, 53(a), 53(c), 71(1)(2), 73(2), 74H
Minchillo v Lanes Ford Trucks Pty Ltd (1992) ASC 956-156, (1994) ATPR (Digest) 46-119.
D&S Estates Limited v Church Commissioners for England [1989] 1 ac 177
Gaskins v British Aluminium Co Limited [1976] QB 524
Proetta v Times Newspapers Limited [1991] 1 WLR 337
Wills & Anor v Bigmac Pty Ltd and Ford Motor Company of Australia Limited VG No 59 of 1992
at By
Judge: Heerey J Place: Melbourne RECEIVED Date: 9 December 1994 -9 DEC 1994 FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTRY
IN_THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) VG No. 59 of 1992 ) ENERAL DIVISIO )
BETWEEN:
DONALD JOHN WILLS and HEATHER RENEY WILLS
Applicants
~ and ~
BIGMAC PTY LTD and FORD MOTOR COMPANY OF AUSTRALIA LIMITED
Respondents - and - BIGMAC PTY LTD Cross-Claimant - and -
FORD MOTOR COMPANY OF AUSTRALIA LIMITED
Cross-Respondent
JUDGE: Heerey J DATE: 9 December 1994
PLACE: Melbourne
MINUTE OF ORDERS
THE COURT ORDERS:
1. The respondents' motion by notice dated 23 November 1994 is
dismissed with costs, including reserved costs.
IN THE FEDERAL COURT OF AUSTRALIA )
VICTORIA DISTRICT REGISTRY ) VG No. 59 of 1992
GENERAL DIVISION )
BETWEEN:
DONALD JOHN WILLS and HEATHER RENEY WILLS
Applicants - and - BIGMAC PTY LTD and FORD MOTOR COMPANY OF AUSTRALIA LIMITED Respondents - and - BIGMAC PTY LED Cross-Claimant - and -
FORD MOTOR, COMPANY OF AUSTRALIA LIMITED
Cross-Respondent
JUDGE: Heerey J DATE: 9 December 1994
PLACE: Melbourne
REASONS FOR JUDGMENT
During the course of the trial the applicants accepted the respondents' offer of compromise. Under 0.23 r.11(1)(a) of the
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