Spatialinfo Pty Ltd v Telstra Corporation Ltd [2005] FCA 1629

FEDERAL COURT OF AUSTRALIA

Spatialinfo Pty Ltd v Telstra Corporation Ltd [2005] FCA 1629 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 cited Brambles Ltd v Wail (2002) 5 VR 169 discussed SPATIALINFO PTY LIMITED v TELSTRA CORPORATION LIMITED VID 240 OF 2004 SUNDBERG J 11 NOVEMBER 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 240 OF 2004

BETWEEN: SPATIALINFO PTY LIMITED (ACN 071 977 921)

APPLICANT AND CROSS-RESPONDENT

AND: TELSTRA CORPORATION LIMITED (ACN 051 775 556)

RESPONDENT AND CROSS-CLAIMANT JUDGE: SUNDBERG J

DATE OF ORDER: 11 NOVEMBER 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. On the motion of the respondent notice of which was filed on 5 August 2005, paragraphs 13 to 17 of the applicant's further amended statement of claim dated 31 May 2005 be struck out. 2. The applicant have leave to replead the paragraphs referred to in Order 1 by 9 December 2005, the repleading to be incorporated in the second further amended statement of claim referred to in Order 5. 3. The motion referred to in Order 1 be otherwise dismissed. 4. The motion of the applicant made ore tenus on 26 October 2005 be dismissed. 5. The applicant have leave to file and serve on or before 9 December 2005 a second further amended application and statement of claim incorporating amendments consequential upon the Order of Justice Sundberg made on 26 October 2005 granting the applicant leave to join Autodesk Australia Pty Ltd as a respondent. 6. The proceeding be listed for directions before Justice Sundberg at 10.15am on 16 December 2005. 7. The applicant pay the respondent's costs of and incidental to the motions referred to in Orders 1 and 4. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.