Century Insurance Ltd (in provisional liq) & Ors v The New Zealand Guardian Trust Ltd & Ors The New Zealand Guardian Trust Ltd & Anor v Gunson, David [1997] FCA 925

C A T C H W O R D S PRACTICE AND PROCEDURE - pleadings - claims for negligent misrepresentation - claims for breach of warranty of authority - latter claims merely negligent misrepresentation claims in different language - false separate issue - pleading embarrassing - pleading part struck out with leave to amend - no question of principal. CENTURY INSURANCE LIMITED (IN PROVISIONAL LIQUIDATION), EDWARD JOHN BEBBINGTON and DELORES EDNA BEBBINGTON v. THE NEW ZEALAND GUARDIAN TRUST LIMITED, NZI INTERNATIONAL TRUSTEE COMPANY LIMITED and DONALD ANDREW DAVIES THE NEW ZEALAND GUARDIAN TRUST LIMITED and NZI INTERNATIONAL TRUSTEE COMPANY LIMITED v. DAVID GUNSON WAG 81 OF 1995 FRENCH J. PERTH 13 JUNE 1997

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) No. WAG 81 of 1995 B E T W E E N: CENTURY INSURANCE LIMITED (IN PROVISIONAL LIQUIDATION) First Applicant EDWARD JOHN BEBBINGTON and DELORES EDNA BEBBINGTON Second Applicants THE NEW ZEALAND GUARDIAN TRUST LIMITED First Respondent NZI INTERNATIONAL TRUSTEE COMPANY LIMITED Second Respondent DONALD ANDREW DAVIES Third Respondent and THE NEW ZEALAND GUARDIAN TRUST LIMITED First Cross Claimant and NZI INTERNATIONAL TRUSTEE COMPANY LIMITED Second Cross Claimant and DAVID GUNSON Cross Respondent MINUTE OF ORDER JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 13 JUNE 1997 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. Paragraphs 27 to 29A of the Statement of Cross Claim are struck out. 2. Leave to the Cross Claimants to amend their Statement of Cross Claim consequentially and in relation to the claim for indemnity and contribution. 3. Submissions on the question of costs at the next directons hearing. NOTE: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.