Federal Court of Australia
aT
CATCHWVOPLS
Motion for contempt - Breach of underta-inyg in terms cf settlement - Whether undertaking was an undertaking to the Court = Construction of undertaking - Ambiguity therenf - Whether breach clearly shown to have taken place - No evidence
on which damages could be assessed.
Trade Practices Act
HOUSEWIVES UNITED BUYERS CO-OPETATTIVE LIMITED v. FRIEDY CUT
GARMENTS PTY. LIMITED and ANOR.
G74 of 1979 3 cune, 1980 Coram: J.B. SWEENEY J.
Sydney
IN THE FEDERAL COURT OF AUSTRALIA )
)
NEW SOUTH WALES DISTRICT RIGISTRY ) No.
)
GENERAL DIVISION )
G74 of 1979
IN Tlin MATTER of the Trade
Practices Act, 1974 BETWOPN: HOUSIWIVES UNT ITD PUPS CO-OPLRATTVI® I TLV ED Applicant AND: REDDY CUT GAFi:FYTS PTY, LIMITED Firstnamed Respor.dent AND: THE TRUSTERS OF TET SISTFRS OF SJ', U7 Secondnamed Nespondent JUDGE MAKING ORDER: J.B. Sweeney J. DATE OF ORDER: 3 Sune, 1980 WHERE MADE: sydney ORDER
THE COURT ORDERS THAT:
l.
2.
The application be dismissed.
The costs of the Secondnamed Respondent in this moticn
be paid by the Applicant.
IN THE FEDrRAL COURT OF AUSTRALIA
) ) NEW SOUTIT WALES DISTRICT REGISTRY ) No. G74 of 1979 ) )
GENFRAL DIVISION
IN THM MATTER of the Trade Practices Act, 1974
BETWEEN: HOUSEWIVES UNTTRED PUVEPS
CO-OPRIEATIVI LF..77FD
Applicant
AND: REDDY CUT GARNSYrIS POY. LIMITED
Firstnamed Respondent
AWD: THE TRUSTEFS O7 SISTERS OF ST.
Secondnamed Respondent
J.B. SWEENEY J. 3 June, lov
RUASONS FOR JUDGMENT
This is a motion brought by Housewives United Ruyers Co-operative Limited ("the applicant"), in which orders are
sought against The Trustees of the Sisters of St. Joseph,
("the trustees"). The applicant is a co-operative trading society registered under the Co-operation Act, 1923. The
trustees constitute a body duly incorporated under the Roman
Catholic Church Communities' Lands Act, 1942.
2.
Proceedings between the applicant and the trustees and a company registered under the Companies Act, 1961 were brought in 1979, The applicant then alleged that the company and the trustees had entered into a contract, arrangement or understanding which was in breach of Sections 45 and 46 of the Trade Practices Act, 1974, It sought orders restraining the respondents from
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