Chinawind Entertainment Pty Ltd & Ors v Shen L. [1995] FCA 667

CATCHWORDS PRACTICE and PROCEDURE - application to strike out further amended defence and enter judgment - further amended defence in identical terms with previous defence - whether leave should be granted to file another further amended defence. CHINAWIND ENTERTAINMENT PTY LTD & ORS v LING SHEN trading as MI MI VIDEO & ORS No NG 507 of 1994 Tamberlin J Sydney 25 AUGUST 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 507 of 1994 GENERAL DIVISION ) BETWEEN: CHINAWIND ENTERTAINMENT PTY LTD ACN 058 514 855 First Applicant CHINA TV PROGRAM AGENCY Second Applicant CHINA CENTRAL TELEVISION (CCTV) Third Applicant AND: LING SHEN trading as MI MI VIDEO First Respondent XIN XIN ZHANG trading as MI MI VIDEO Second Respondent RUI HONG QU trading as MI MI VIDEO Third Respondent CORAM: TAMBERLIN J PLACE: SYDNEY DATED: 25 AUGUST 1995 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. Time for service of both the applicants' and the respondents' motions be abridged to make them returnable before the Court on 18 August 1995. 2. Leave be granted to the respondents to file a further amended defence in the form annexed to the affidavit of Caron Jo-Ann Cato sworn on 17 August 1995 but excluding paragraph 5 and the counter claim in paragraph 6.

3. Such further amended defence in respect of which leave has today been given for filing and service, shall be filed and served within fourteen (14) days from the date hereof. 4. Any further pleadings by the applicants shall be filed and served within a further fourteen (14) days. 5. The matter is to be listed for further directions at 9.30am on 29 September 1995. 6. The respondents are to pay the applicants' costs of the applicants' and the respondents' motions heard on 18 August 1995 on an indemnity basis. 7. The parties have liberty to apply on two days notice. NOTE: Settlement and entry of orders is dealt with in accordance with Order 36 of the Federal Court Rules.