Mick Skopros Petrol Discount King Pty Ltd (ACN 008 160 996) v The Shell Co of Australia Pty Ltd (ACN 004 610 459) [1997] FCA 1280

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 96 of 1995

BETWEEN: mick skorpos petrol discount king pty ltd (acn 008 160 996)

Applicant

AND: the shell company of australia limited (acn 004 610 459)

Respondent

JUDGE: MANSFIELD J

DATE OF ORDER: 21 NOVEMBER 1997

WHERE MADE: ADELAIDE

ON THE RESPONDENT'S NOTICE OF MOTION DATED 14 OCTOBER 1997 THE COURT ORDERS THAT: 1. In relation to the third amended statement of claim: 1.1 The applicant should give in writing particulars identifying the wholesale fuel suppliers referred to in the introductory words of paragraph 34A of the third statement of claim. 1.2 Paragraph 34A.1 of the third statement of claim is struck out. 1.3 Paragraph 34A.7(c) is struck out. 1.4 The words "and the fact that Bob Glindeman had given an assurance that if things went wrong he would still be able to help fix the problem" in paragraph 34A.8 of the third statement of claim are struck out.

2. In relation to the defence and reply to cross-claim: 2.1 Paragraph 30.1(e)(iii)(B) from the words "the main building" to its end is struck out. 2.2 Paragraph 30.1(j)(iv) is struck out. 2.3 Paragraph 30.1(o)(i) after the reference to Mr Ente to its end is struck out. 2.4 Paragraph 30.3(e)(ii) is struck out. 2.5 Paragraph 44A is struck out. 2.6 Paragraph 45 is struck out.

3. Further consideration of the Notice of Motion is adjourned with liberty to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 96 of 1995

BETWEEN: mick skorpos petrol discount king pty ltd (acn 008 160 996)