S.P.I. Spirits (Cyprus) Ltd v Diageo Australia Ltd(No. 4) [2007] FCA 1035 and S.P.I. Spirits (Cyprus) Ltd v Diageo Australia Ltd (No. 5) [2007] FCA 1036

Edmonds J - 11 and 12 July 2007

Court orders:

1. Motion dismissed.
2. Cross-claimants on the first cross-claim pay the first cross-respondent’s costs of the motion
3. The applicants have leave to file and serve a Further Amended Application and Further Amended Statement of Claim in the form exhibited to the affidavit of Maurice Charles Gonsalves sworn 22 December 2006 and marked as Exhibits MCG1 and MCG2 respectively.
4. The applicants pay the first respondent’s costs occasioned by, and thrown away in consequence of, such amendments.
5. The first respondent pay the applicants’ costs of the motion.
Link to decision