Harris, Sam Edwin Leigh v Cigna Insurance Australia Ltd & Anor [1995] FCA 905

CATCHWORDS PRACTICE & PROCEDURE - statement of claim - striking out - claim so confusing and unclear as to be embarrassing - no federal element - action transferred to Supreme Court of Queensland COSTS - costs sought on an indemnity basis - costs to be taxed and paid forthwith TRADE PRACTICES - limitation period - when loss or damage becomes actual - when loss or damage is reasonably ascertainable Trade Practices Act 1974 ss.52 53A 53B 82(2) Federal Court Rules O 62 r 3 L Grollo Darwin Management Pty Ltd v Victor Plaster Products Pty Ltd (1978) 33 FLR 170 Cons Wardley Australia Limited & Anor v The State of Western Australia (1992) 175 CLR 514 Refd SWF Hoists and Industrial Equipment Pty Ltd v State Government Insurance Commission (1990) ATPR ¶41-045 Refd Karedis Enterprises Pty Limited & Anor v Antoniou & Anor (1995) ATPR ¶41-247 Refd General Steel Industries Inc v. Commissioner for Railways (NSW) (1964) 112 CLR 125 Refd Sam Edwin Leigh Harris v. Cigna Insurance Australia Limited and James F Dicke Snr. No QG 78 of 1994 Kiefel J Brisbane 10 November 1995

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No. QG 78 of 1994 BETWEEN: SAM EDWIN LEIGH HARRIS Applicant AND: CIGNA INSURANCE AUSTRALIA LIMITED First Respondent AND: JAMES F. DICKE SNR. Second Respondent JUDGE MAKING ORDER: Kiefel J. DATE OF ORDER: 10 November 1995 WHERE MADE: Brisbane MINUTES OF ORDERS THE COURT ORDERS THAT: 1. Paragraphs 17(vi), 18(ii), 22, 23 and 24 of the Statement of Claim filed on 15 September 1995 be struck out. 2. The applicant have leave to amend his Statement of Claim by adding a paragraph 18A in the terms appearing in the proposed Statement of Claim marked "B". 3. The applicant pay the first respondent's costs of the motion to strike out and of the hearing of leave to amend the Statement of Claim to be taxed on the indemnity basis and paid forthwith. 4. Upon conclusion of taxation of those costs, the matter be transferred to the Supreme Court of Queensland. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.