Federal Court of Australia
CATCHWORDS Practice and Procedure - Order for Discovery of Documents against person not party to proceedings - whether the rules
of Court authorize Order for delivery of Affidavit of Documents - whether the relevant provisions of the rules of
Court are ultra vires - costs of and incidental to the order
Appeal from Supreme Court of Northern Territory of Australia
- Supreme Court Rules
Supreme Court Act (Northern Territory), s.86(1)
Supreme Court Rules 0.34 r.34, r.36.
Territory Ford Pty. Limited v. Leonard Sydney Michalowsky
Coram: Muirhead, Keely and Deane JJ.
Date: 30/10/81
Place: Alice Springs
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT
)
)
)
) | NO. NTG 15 of 1981 REGISTRY )
GENERAL DIVISION
ON APPEAL FROM THE ORDER OF THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA MADE IN
CHAMBERS BETWEEN: TERRITORY FORD PTY. LIMITED Appellant AND: LEONARD SYDNEY MICHALOWSKY Respondent ORDERS JUDGES MAKING ORDER: Muirhead, Keely and Deane JJ. DATE OF ORDER: 30/10/81 PLACE: Alice Springs
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant pay the costs of this appeal.
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT
)
)
)
) NO. NTG 15 of 1981 REGISTRY ) ) )
GENERAL DIVISION
ON APPEAL FROM THE ORDER OF THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA MADE IN CHAMBERS
BETWEEN: TERRITORY FORD PTY LIMITED
Appellant
ig
LEONARD SYDNEY MICHALOWSKY
Respondent
CORAM: Muirhead, Keely and Deane JJ.
30 October 1981.
REASONS FOR JUDGMENT
=.
THE COURT: Mr. Leonard Michalowsky is the plaintiff in proceedings in the Supreme Court of the Northern Territory of Australia against Australian Guarantee Corporation Limited.
He claims damages for alleged breach of certain conditions
Mare canleaiet oii eee tee
nianminess te os
relating to the quality of a Ford Cortina motor vehicle which he alleges were implied into a contract for purchase and sale of the vehicle between himself as purchaser and Australian Guarantee Corporation Limited as vendor. We shall, hereafter, refer to Mr. Michalowsky as "the plaintiff", to Australian Guarantee Corporation Limited as "the defendant" and to the proceedings in the Supreme Court of the Northern
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