Solomons Franchise Systems Pty Ltd & Ors v Taydex Pty Ltd & Ors [1995] FCA 199

CATCHWORDS PRACTICE and PROCEDURE - application to strike out defence - whether leave to re-plead ought to be given - previous attempts to plead - whether claims seriously contended PRACTICE and PROCEDURE - application by director to appear for company - whether company unable to meet legal costs Trade Practices Act 1974 ss 47(2), 47(10), 52 Federal Court Rules O 9 r 1(3) ASX Operations Pty Ltd v Pont Data Australia Pty Ltd (No 1) (1990) 27 FCR 460 Refd Dandy Power Equipment Pty Ltd v Mercury Marine Pty Ltd (1982) 64 FLR 238 Refd Molnar Engineering Pty Ltd v Burns (1984) 3 FCR 68 Refd Solomons Franchise Systems Pty Ltd & Ors v Taydex Pty Ltd & Ors No VG30 of 1994 Kiefel J Brisbane 4 April 1995

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No. VG 30 of 1994 BETWEEN: SOLOMONS FRANCHISE SYSTEMS PTY LTD Applicant AND: NO. 1 RABEREM PTY LTD Second Applicant AND: NO 2 RABEREM PTY LTD Third Applicant AND: NO. 3 RABEREM PTY LTD Fourth Applicant AND: TAYDEX PTY LTD First Respondent AND: MICHAEL ROY PARR Second Respondent AND: CLIVE JOHN WALKER Third Respondent JUDGE MAKING ORDER: Kiefel J. DATE OF ORDER: 4 April 1995 WHERE MADE: Brisbane MINUTES OF ORDERS APPLICANTS' MOTION TO STRIKE OUT DEFENCE THE COURT ORDERS THAT: 1. Paragraphs 21,24,25,26 and 31 and paragraphs 27-30 be struck out with leave to further plead paragraph 24 to raise the plea by way of cross claim on condition that the further pleading identify the particular relief sought and the basis for that relief. 2. The further pleading be filed and served by 4.00 p.m. on 2 May 1995. 3. The matter be listed for further directions at 10.00 a.m. on 5 May 1995 4. The first and second respondents pay the applicants' costs of and incidental to the application, including reserved costs, to be taxed.