Jelin Pty Ltd v Murdoch Pty Ltd [1983] FCA 301

Be\

DATE OF ORDER

WHERE MADE

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY ) No. WA G26 of 1983 ) )

GENERAL DIVISION

BETWEEN 4 JELIN PTY. LIMITED Applicant AND 3 MURDOCH PTY. LIMITED Respondent ORDERS

JUDGE MAKING ORDER Morling J.

5 October 1983

Perth

THE COURT ORDERS:

1. The application is refused.

2. The matter is adjourned to 9.30 a.m. on 12 October 1983.

IN THE FEDERAL COURT OF AUSTRALIA

) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) No. WA G26 of 1983 ) )

GENERAL DIVISION

BETWEEN: JELIN PTY. LIMITED Applicant AND: MURDOCH PTY. LIMITED Respondent MORLING J. 5 October 1983 . EX TEMPORE

REASONS FOR JUDGMENT

This is an application by Murdoch Pty. Limited, the respondent to proceedings brought by Jelin Proprietary Limited. The application is made pursuant to order 20, rule 2 of the Federal Court Rules. Although the particular part of the rule is not identified in the application, I think 1t reasonably clear that the respondent claims that either the

proceedings brought by the applicant disclose no reasonable cause of action or that they are vexatious or are an abuse of

the process of the court.

It is unnecessary for me to state the facts in any

detail. It is sufficient to say that scme time ago a lease of

2.

commercial premises in the Mount Hawthorn Plaza Shopping Centre was entered into between the respondent as lessor and the applicant as lessee. In the statement of claim it is alleged that certain misrepresentations were made by or on behalf of the respondent, which representations were misleading and which caused the lessee to enter into the lease. After the lease was entered into the lessee took possession of the premises but appears to have failed to pay all or some of the rental due under the lease and also all or some of the other payments required to be made to the lessor.