Federal Court of Australia
ATCHWORDS
Trade Practices - misleading and deceptive conduct - Federal
and State claims - interlocutory relief staying execution of regular judgment in State Supreme Court.
Trade Practices Act 1974
PETRUS FREDERICUS INDRISIE, WILHELMINA JULIANA INDRISIE, INDRISIE INVESTMENTS PTY. LTD. and COMBINE NOMINEES PTY. LTD.
Vv.
GENERAL CREDITS LIMITED and KEVIN BRYANT
V. No. G 259 of 1984
Northrop J. Melbourne
26 October 1984
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V. No. G 259 of 1984
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GENERAL DIVISION
PETRUS FREDERICUS INDRISIE,
WILHELMINA JULIANA INDRISIE,
INDRISIE INVESTMENTS PTY. LTD.
and COMBINE NOMINEES PTY. LTD. Applicants and
GENERAL CREDITS LIMITED and KEVIN BRYANT Respondents
CORAM: Northrop J. DATE: 26 October 1984
PLACE: Melbourne
EX TEMPORE JUDGMENT
In May 1977, arrangements were entered into between the applicants and General Credits Limited to enable Indrisie Investments Pty. Ltd. ("the Company") to finance its business activities relating to amusement machines. For present purposes it is sufficient to say that the Company manufactured the machines and sold them to General Credits which thereafter leased them back to the Company. The arrangements were of a continuing nature and provided the total amount advanced did not exceed stated amounts, there was no limit on the number of lease agreements that could be entered into between the Company and General Credits. The
upper limit of advances to be made was increased from time to
time. Under the lease agreements, the Company was required to pay the rental amounts and other charges. The leasing
arrangements were contained in a master lease agreement.
As part of the general arrangements, Mr and Mrs Indrisie, who controlled the Company, and Combine Nominees Pty. Ltd., also controlled by Mr and Mrs Indrisie, guaranteed the payment of monies owing by the Company to General Credits. At the same time Mr and Mrs Indrisie gave a mortgage over their home at Kew in favour of General Credits, and Combine Nominees gave a mortgage over land owned by it in Victoria Street, Richmond, in favour of General Credits. The Victoria Street premises included the buildings in which the
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