Canvas Graphics P/L v Kodak (Australasia) P/L

[1993] FCA 149

IN THE FEDERAL COURT OF AUSTRALIA	)
SOUTH AUSTRALIA DISTRICT REGISTRY	) No. SG22 of 1997
GENERAL DIVISION	1

BETWEEN:	CANVAS GRAPHICS PTY.
LTD.

Applicant	!
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KODAK	( AUSTRALAS IA	1
PTY. LTD.

Respondent

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CORAM :	Jenkinson, Burchett and Heerey JJ.
PLACE :	Melbourne
DATE :
-	10 March, 1993

MINUTES OF ORDER :

THE COURT ORDERS THAT:	I
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1.        The application for leave to appeal be dismissed.

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2.        The respondent pay the applicant's costs of the application.

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m:  Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.

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IN THE FEDERAL COURT OF AUSTRALIA	)
SOUTH AUSTRALIA DISTRICT REGTSTRY	) NO. SG22 of 1992
GENERAL DIVISION	)

BETWEEN:	CANVAS GRAPHICS PTY.
_LTD.

Applicant

AND:  KODAK IAUSTRALASIA)
PTY. LTD.

Respondent

CORAM :	Jenkinson, Burchett and Heerey JJ.
PLACE :	Melbourne
m:	10 March, 1993

REASONS FOR JUDGWZNT

THE COURT:

The pleading out of which this application arises is particularly unsatisfactory. It underlines the great need, if the courts are to dispense justice and do it efficiently, for the parties to have really expert representation. Expertise seems unfortunately zo have been greatly lacking in the

drafting of this pleading. Nevertheless, although his

Honour's task will be complicated by the problems of the

pleading, we are not satisfied that his orders will cause injustice to the applicant. It is essential that interlocutory appeals, particularly on matters which can be kept under a measure of review, should be tightly confined.

Here his Honour contemplated that amendments would
be made and the matter will be capable of further review if

and when practical difficulties arise. Leave to appeal should

be refused.

I certify that this and the

preceding page is a true copy of the

Reasons for Judgment of the Court.

L49,h99- Associate

Dated: 10 March, 1993