Martech International Pty Ltd (ACN 009 022 799) v Energy World Corporation Limited (ACN 009 124 994) [2004] FCA 1470

FEDERAL COURT OF AUSTRALIA

Martech International Pty Ltd (ACN 009 022 799) v Energy World Corporation Limited (ACN 009 124 994) [2004] FCA 1470 PRACTICE AND PROCEDURE – cross-claim – involving non-party – requirement that relief be related or connected to the subject of the principal proceedings - discrete dispute – additional parties – closely related to existing parties – purpose of rule – case management considerations – directions to separate discrete aspect of cross-claim to avoid delay and expense in principal proceedings Trade Practices Act 1974 (Cth) Federal Court of Australia Act 1976 (Cth) s 22 Federal Court Rules O 5 MARTECH INTERNATIONAL PTY LTD (ACN 009 022 799) v ENERGY WORLD CORPORATION LIMITED (ACN 009 124 994) W65 OF 2004 FRENCH J 15 NOVEMBER 2004 MELBOURNE (Heard in Perth)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W65 OF 2004

BETWEEN: MARTECH INTERNATIONAL PTY LTD

(ACN 009 022 799)

APPLICANT

AND: ENERGY WORLD CORPORATION LIMITED

(ACN 009 124 994)

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 15 NOVEMBER 2004

WHERE MADE: MELBOURNE (Heard in Perth)

THE COURT ORDERS THAT:

On the Respondent's Motion filed 14 September 2004:

1. Subject to the following orders the respondent has leave to bring a cross-claim in terms of the cross-claim filed on 14 September 2004 and to join Australian Energy Equity Pty Ltd (AEE) as a second cross-claimant.

2. So much of the cross-claim filed on 14 September 2004 as relies upon paragraphs 33 to 42 shall be struck out and included in the defence pursuant to Order 5 rule 5(3) subject to amendment to properly disclose a reasonable cause of action.

3. The respondent has leave to amend its defence by including so much of the cross-claim as appears in paragraphs 33 to 42 subject to repleading to properly establish the basis upon which the allegation of misleading or deceptive conduct made in those paragraphs is asserted.