Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hyundai v Dartbrook Coal [2005] FCA 1901 STATUTES Trade Practices Act 1974 (Cth) ss 52, 82 HYUNDAI MERCHANT MARINE CO LTD v DARTBROOK COAL (SALES) PTY LTD QUD 190 OF 2004 KIEFEL J BRISBANE 7 DECEMBER 2005
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q190 OF 2004
GENERAL DIVISION IN ADMIRALTY
BETWEEN: HYUNDAI MERCHANT MARINE CO
(ABRN 102 471 723)
PLAINTIFF
AND: DARTBROOK COAL (SALES) PTY LTD
(ACN 050 139 841)
FIRST DEFENDANT
MARUBENI THERMAL COAL PTY LTD
(ACN 061 468 620)
SECOND DEFENDANT
ANGLO COAL (DARTBROOK) PTY LTD
(ACN 000 012 813)
THIRD DEFENDANT
SSANGYONG RESOURCES PTY LTD
(ACN 071 744 986)
FOURTH DEFENDANT
MARUBENI THERMAL COAL PTY LTD
(ACN 061 468 620)
FIRST CROSS-CLAIMANT
SSANGYONG RESOURCES PTY LTD
(ACN 071 744 986)
SECOND CROSS-CLAIMANT
ANGLO COAL (DARTBROOK) PTY LTD
(ACN 000 012 813)
FIRST CROSS-RESPONDENT
DARTBROOK COAL (SALES) PTY LTD
(ACN 050 139 841)
SECOND CROSS-RESPONDENT
JUDGE: KIEFEL J
DATE OF ORDER: 7 DECEMBER 2005
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. Leave to amend the second and fourth defendants' defence is granted.
2. Leave to amend their cross-claim is refused.
3. The second and fourth defendants pay each of the plaintiff and the first and third defendants' costs of the application for leave to amend; and costs thrown away by the amendments to the defence. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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