Federal Court of Australia
FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE – pleading – statement of claim – application to deliver amended application and further amended statement of claim pleading contraventions of ss 48, 96 and 75B of the Trade Practices Act 1974 (Cth) ("the Act") – whether certain paragraphs pleaded with sufficient particularity to enable respondents to know what the claim is that they have to meet – pleading allegations of loss and damage – particulars required.
Trade Practices Act 1974 (Cth): s 48, s 75B, s 96 Pt IV Multigroup Distribution Services Pty Limited v TNT Australia Pty Limited (1996) ATPR §41,522 - followed Bruce v Odhams Press Ltd [1936] 1 KB 697 - followed James v Australia and New Zealand Banking Group Ltd (1985) ATPR §40,504 - followed
SAMMY RUSSO MEAT SUPPLIES PTY LTD AND ANOTHER v AUSTRALIAN SAFEWAY STORES PTY LTD AND ORS
VG 313 of 1997 GOLDBERG J MELBOURNE 3 SEPTEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 313 of 1997
BETWEEN: SAMMY RUSSO MEAT SUPPLIES PTY LTD
(acn 005 434 202)
perfect creations pty ltd
(acn 063 476 193)
Applicants
AND: AUSTRALIAN SAFEWAY STORES PTY LTD
(acn 004 319 939)
woolworths (victoria) pty ltd
(acn 004 177 155)
bartter enterprises pty ltd
(acn 000 451 374)
Respondents
JUDGE: GOLDBERG J
DATE OF ORDER: 3 SEPTEMBER 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The applicants be refused leave to file and deliver an amended application and further amended statement of claim in the form of the amended application and further amended statement of claim which are exhibits FR1 and FR2 to the affidavit of Frank Russo sworn 30 June 1998. 2. The applicants have leave to apply to the Court on or before 24 September 1998 for leave to deliver a further amended application and further amended statement of claim limited to making allegations giving rise to a cause or causes of action under ss 48, 96 and 75B of the Trade Practices Act 1974 (Cth) which application, if made, is to be supported by an affidavit exhibiting the proposed further amended application and further amended statement of claim. 3. Any such application shall be returnable before Goldberg J at 9.30 am on 29 October 1998. 4. Any respondent wishing to oppose the application to file and serve written submissions by 4.00 pm on 5 October 1998. 5. The applicants file and serve written submissions in reply by 4.00 pm on 15 October 1998. 6. Otherwise the directions hearing, the notice of motion for security for costs and the motion filed 28 October 1997 be adjourned to 29 October 1998. 7. The applicants pay the respondents' costs of the motion filed on 30 June 1998 and the respondents' costs reserved on 5 August 1998 and that pursuant to O 62 r3(2) those costs be paid forthwith notwithstanding that the proceeding is not concluded. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
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