Melaleuca of Australia & New Zealand Pty Ltd v Duck

Melaleuca of Australia & New Zealand Pty Ltd was the plaintiff in a case before the Federal Court, with the first defendant being Duck. The case involved an application to strike out a cross-claim filed by the defendants. The central issue before the court was whether the defendants' further amended cross-claim should be dismissed and whether the defendants should be penalised for the late filing of a second further amended cross-claim. The court also needed to determine the appropriate costs orders in relation to the various notices of motion filed by both parties.

The court found that the defendants had not demonstrated any good reason for their delay in filing the further amended cross-claim. Given the significant delay and lack of any justification, the court concluded that the defendants' claim should be struck out. The court further held that the defendants' motion to file a second further amended cross-claim should be deferred, pending a determination of whether the defendants would be granted leave to do so. The court held that the plaintiff was entitled to costs on an indemnity basis for the first notice of motion and on a standard basis for the second notice of motion. The court also dismissed the defendants' motions with costs.

The court issued orders that the defendants' further amended cross-claim be struck out. The decision to grant leave to the defendants to file a second further amended cross-claim and the associated costs were deferred. The court ordered that the defendants pay the plaintiff's costs of the first notice of motion on an indemnity basis and the second notice of motion on a standard basis. Additionally, the court dismissed the defendants' notices of motion with costs.