THE BANK OF VICTORIA v. LOOKER

21 VLR 704·MADDEN, C.J., WILLIAMS and HODGES, JJ.
21 VLR 704
21 VLR 704
THE BANK OF VICTORIA v. LOOKER Supreme Court of Victoria (Full Court) MADDEN, C.J., WILLIAMS and HODGES, JJ. 14 April 1896 Practice — Rules of Supreme Court 1884 — Order XIV., r. 1 — Order XXVIII. — Amendment — Specially indorsed writ — Reconstructed Companies Act 1890 (No. 1356) — Right of new company to sue in its own name — Merger .

Where all the facts are before the Court, and it appears that the defendant has no real defence to a claim on a specially indorsed writ, the Full Court will, at the hearing of an appeal from an order directing final judgment to be entered, allow an amendment of the writ so as to set out the true facts.

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