Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CNIP Pty Ltd v Chan & Naylor Pty Ltd (No 1) [2011] FCA 377 Citation: CNIP Pty Ltd v Chan & Naylor Pty Ltd (No 1) [2011] FCA 377
Parties: CNIP PTY LTD ACN 122 763 240 and CHAN & NAYLOR PTY LTD v CHAN & NAYLOR NORWEST PTY LTD ACN 126 573 475 and SALVATORE ARCURI
File number: NSD 1766 of 2010
Judge: PERRAM J
Date of judgment: 7 April 2011
Catchwords: PRACTICE AND PROCEDURE – Pleadings – application to strike-out defence – principles relevant to strike-out application PRACTICE AND PROCEDURE – Costs – indemnity costs order
Legislation: Federal Court Rules O 11 r 1B
Cases cited: Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 25 cited
Date of hearing: 7 April 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 9
Counsel for the Applicants: Mr F Lever SC
Solicitor for the Applicants: Swaab Attorneys
Solicitor for Respondents: Ms A Finnerty of Sydney Legal Support as a Friend of the Court
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1766 of 2010
BETWEEN: CNIP PTY LTD ACN 122 763 240
First Applicant
CHAN & NAYLOR PTY LTD
Second Applicant
AND: CHAN & NAYLOR NORWEST PTY LTD ACN 126 573 475
First Respondent
SALVATORE ARCURI
Second Respondent
JUDGE: PERRAM J DATE OF ORDER: 7 APRIL 2011 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The defence filed on 1 March 2011 be struck out. 2. Respondents be granted leave to file an Amended Defence within 14 days. 3. Respondents to pay the Applicants' costs of today on an indemnity basis.
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