International Computers (Australia) Pty Ltd v. Bate, E.W. [1985] FCA 58

International Computers (Australia) Pty Ltd v. Bate, E.W. [1985] FCA 58

The appeal should be allowed and the matter remitted to a single judge for consideration of further amendments to the statement of claim, particularly in view of updated authority that no statutory limitation period applies to applications under s.87(1A) of the Trade Practices Act 1974, and because the respondent...

Source-derived case information.

Parties
Appellant: International Computers (Australia) Pty. Limited; Respondent: Ernest William Bate
Jurisdiction
Australia
Judgment Date
22 February 1985
Procedural Posture
Appeal / On Appeal From a Single Judge
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Statutory Limitation Periods, Remedies Under Trade Practices Act, Misleading or Deceptive Conduct
Practice and Procedure Trade Practices Amendment of Pleadings Statutory Limitation Periods Remedies Under Trade Practices Act Misleading or Deceptive Conduct

Source-derived case record

Summary, issues, holding and outcome

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Parties

International Computers (Australia) Pty. Limited

Appellant

Ernest William Bate

Respondent

Procedural Posture

Appeal / On Appeal From a Single Judge

Legal Issues

  1. 1 Whether proposed amendments to statement of claim are statute-barred under ss.82(2) and 87(1A) of the Trade Practices Act 1974
  2. 2 Whether relief sought under ss.82(1) and/or 87(1A) is permissible given the limitation periods
  3. 3 Whether amendments raise fresh claims outside limitation period

Ratio Decidendi

The appeal should be allowed and the matter remitted to a single judge for consideration of further amendments to the statement of claim, particularly in view of updated authority that no statutory limitation period applies to applications under s.87(1A) of the Trade Practices Act 1974, and because the respondent has indicated revised claims in light of recent decisions.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed.
  • Orders 1 and 2 made by the single judge on 3 August 1984 be set aside.