Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Loxias Technologies Pty Ltd v Curacel International Pty Ltd [2002] FCA 1473
Breen v Williams (1996) 186 CLR 71 cited Johnson Tiles Pty Ltd v Esso Australia Ltd (2000) 104 FCR 564 referred to LOXIAS TECHNOLOGIES PTY LTD & CURATHERAPY DISTRIBUTION PTY LTD v CURACEL INTERNATIONAL PTY LTD & BILL ELLIOT CHAM N 166 of 2001 MOORE J 28 NOVEMBER 2002 ADELAIDE (VIA E-COURT)
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 166 OF 2001
BETWEEN: LOXIAS TECHNOLOGIES PTY LTD
FIRST APPLICANT
CURATHERAPY DISTRIBUTION PTY LTD
SECOND APPLICANT
AND: CURACEL INTERNATIONAL PTY LTD
FIRST RESPONDENT
BILL ELLIOT CHAM
SECOND RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 28 NOVEMBER 2002
WHERE MADE: ADELAIDE (VIA E-COURT)
THE COURT ORDERS THAT: 1. Paragraphs 56, 57 and 58 of the Statement of Claim be struck out. 2. Paragraphs 3.4.2, 8.1, 8.2.2, 8.4.2, 8.4.6, 12, 13.2, 13.3, 18.3, 19.4, 21.1, 26.1, 27.2, 29.4, 30, 32.5, 32.7, 37.1 and 37.2 of the Defence be struck out. 3. The respondents file and serve an amended defence within 14 days from the date of this judgment. 4. General discovery is to be given by each party filing and serving a list of documents within 28 days from the date of this judgment. 5. Inspection of discovered documents is to take place before 30 January 2003. 6. The matter be listed for directions at 9.30 am on 3 February 2003. 7. Costs are reserved. 8. 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
NEW SOUTH WALES DISTRICT REGISTRY N 166 OF 2001
BETWEEN: LOXIAS TECHNOLOGIES PTY LTD
FIRST APPLICANT
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