Federal Court of Australia
CATCHWORDS
Trade Practices ~- Application for Interlocutory Relief - Stay of
Proceedings in County Court of Victoria - Removal of Proceedings
from County Court to Federal Court - Power to Grant Orders -
Discretion to Grant Orders.
Trade Practices Act 1974 - ss. 52{1), 53A
HUGH PARSONS v. AD ASTRA PROPERTIES PTY. LTD. AND ORS.
No. VG116 of 1984
Jenkinson J. Melbourne
14 May 1984
en qe tet ee ee em ee
— og
a en
1 arto, senna mee wmeriee
od : ' . —_— wenn peewee ee ee ee ee ee ee te,
oe ee pe ee ee ee ee oe -- -
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No. VG 116 of 1984 GENERAL DIVISION )
BETWEEN: HUGH PARSONS
Applicant
AND: AD ASTRA PROPERTIES PTY. LTD.
Firstnamed Respondent
AND: BERNARD BRESLIN SPENCE ~ ROBERTSON
Secondnamed Respondent
le
GRANT ROBERTSON
Thirdnamed Respondent
CORAM: Jenkinson J. PLACE: Melbourne DATE: 14 May, 1984
REASONS- FOR JUDGMENT
-
Application for an order restraining the first respondent from prosecuting an action pending in the County Court of Victoria until the hearing and determination of this proceeding.
By a summons issued on 13. December 1982 the first respondent claimed against the applicant moneys alleged to be due for rent and under other covenants of a lease of part of a building by the first respondent to the applicant for a term of 7
years commencing on 1 July 1981. On 8 April 1983 the applicant
was granted leave to defend the action. The action is fixed for
' tenes seme rent e erme rs Sern te en ee re es es eee
\ f+
ry eR ET em cam ee NIN er a ee no rn tn meee ens en er
; 2. trial next Thursday. By application filed 1 May 1984 the applicant claimed in this proceeding, in respect of conduct of the second and third respondents on behalf of the first respondent which is alleged to have been done in contravention of ss. 52(1) and 53A of the Trade Practices Act 1974, damages and an order varying the lease. The variation claimed is of a clause which provides for annual adjustment of the amount of rent in accordance with variation in a price index published by the Australian Bureau of Statistics. The clause is so drawn that the variation is calculated by reference to the amount payable for rent in the month immediately preceding the commencement of the year in respect of which the variation is to apply. In respect of the first year of the term the rent was $5,220, payable not by equal
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate