Kliese, Terrence Bertram & Anor v Johnston, William Ronald & Ors [1984] FCA 158

IN THE FEDERAL COURT OF AUSTRALTA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN:

ORDER

Quended erded »

) ) ) No. G4 of 1984 ) )

TERRENCE BERTRAM KLIESE

First Applicant - and - PEGGY KLIESE " Second Applicant WILLIAM RONALD JOHNSTON First Respondent JOHN WOODS

Second Respondent

ALLIED MARKETING INDUSTRIES PTY. LIMITED

Third Respondent CUDWORTH PTY. LIMITED

Fourth Respondent DONALD ATTHOW Fifth Respondent ~ and - RICHARD ANDREWS

Sixth Respondent

REA WE

JUDGE MAKING ORDER: Neaves J. DATE OF ORDER: 1 June 1984 WHERE MADE: Canberra

THE COURT ORDERS THAT:

1. The statement of claim filed herein on behalf of the applicants on 1 February 1984 be struck out.

2. The applicants have liberty to file and serve an amended statement of claim within 28 days after the date of this order.

3. The costs of this application be the first, second, third and fourth respondents' costs

in the cause.

ween Lo oS2 GRIEPRCRSRRERET AMEE

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN:

CORAM : Neaves J.

DATE: 1 June 1984

No. G4 of 1984

we we

TERRENCE BERTRAM KLIESE First Applicant - and -

PEGGY KLIESE

Second Applicant

WILLIAM RONALD JOHNSTON

First Respondent JOHN woops Second Respondent

ALLIED MARKETING INDUSTRIES

PTY. LIMITED Third Respondent CUDWORTH PTY. LIMITED

Fourth Respondent DONALD ATTHOW

Fifth Respondent - and -

RICHARD ANDREWS

Sixth Respondent

REASONS FOR JUDGMENT

A proceeding has been commenced in this Court by Terrence Bertram Kliese and Peggy Kliese ("the appli- cants") by the filing, in accordance with Order 4, rule 1 of the Federal Court Rules, of an application claiming -

1. An order relieving the applicants from

any obligation to pay any further sums

under a franchise agreement in relation

to a franchise retail furniture outlet

at Lismore in the State of New South

Wales made on or about 3 May 1983;