Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bryer Merchandisers Pty Ltd v Nike Australia Pty Ltd [2003] FCA 472 BRYER MERCHANDISERS PTY LTD & ORS v NIKE AUSTRALIA PTY LTD N 1402 of 1999 WHITLAM J 16 MAY 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1402 of 1999
BETWEEN: BRYER MERCHANDISERS PTY LTD
FIRST APPLICANT
COBRA HOLDINGS PTY LTD
SECOND APPLICANT
ST GEORGE WHOLESALE
DISTRIBUTORS PTY LTD
THIRD APPLICANT
MHP PTY LTD
FOURTH APPLICANT
AND: NIKE AUSTRALIA PTY LTD
RESPONDENT
JUDGE: WHITLAM J
DATE OF ORDER: 16 MAY 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Leave is refused to file a fresh statement of claim in the form of annexure AW1 to the affidavit of Ajit Wijesinghe made on 29 January 2003. 2. Leave is granted to amend the second further amended statement of claim by making amendments to the effect of those marked in that form save for those in: · paragraph 58 (d)(ia), (iiia), (iiib) · paragraph 62 (d)(ia), (iiia), (iiib) · paragraph 66 (d)(ia), (iiia), (iiib) · paragraph 70 (d)(ia), (iiia), (iiib) · paragraph 75 (a1), (c1) · paragraph 79 (a1), (c1) · paragraph 83 (a1), (c1) · paragraph 87 (a1), (c1) · paragraph 94 · paragraph 98 · paragraph 100 (i)-(iii), (vi)-(x) · paragraph 101A · paragraph 101B · paragraph 101C · paragraph 101D · paragraph 101E · paragraph 101F · paragraph 101G · paragraph 103 · paragraph 104 (i)-(vii), (xii)-(xv) · paragraph 105A · paragraph 105B · paragraph 105C · paragraph 105D · paragraph 105E · paragraph 105F · paragraph 105G · paragraph 107 · paragraph 109 (i)-(iii), (vi)-(x) · paragraph 110A · paragraph 110B · paragraph 110C · paragraph 110D · paragraph 110E · paragraph 110F · paragraph 110G · paragraph 112 · paragraph 114 (i)-(iii), (vi)-(xi) · paragraph 115A · paragraph 115B · paragraph 115C · paragraph 115D · paragraph 115E · paragraph 115F · paragraph 115G and by filing a fresh statement of claim incorporating such amendments within 28 days. 3. The applicants are to pay the respondent's costs of their motion, notice of which was filed on 29 January 2003. 4. The applicants are to pay the respondent's costs thrown away as a result of the amendments to be made to the second further amended statement of claim. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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