Federal Court of Australia
CATCHWORDS Trade Practices ~- misleading and deceptive conduct - Federal and State claims constituting one controversy - interlocutory - orders seeking stay of Supreme Court proceedings - whether
Federal claim is genuine.
Trade Practices Act 1974 5.52
FRANCIS C. MASON PTY. LTD., v. CITICORP AUSTRALIA LTD. FRANCIS CHARLES MASON and
JUDITH ASHLEY MASON
V. No. G 227 of 1984
Northrop J. Melbourne
20 November 1984
N_THE ERAL {e) USTRALIA
VICTO T_REGISTR V. No. G 227 of 1984
~~ wew nw
GENERAL DIVISION
FRANCIS C. MASON PTY. LTD.,
FRANCIS CHARLES MASON and JUDITH ASHLEY MASON Applicants
and
CITICORP AUSTRALIA LTD. Respondent
CORAM: Northrop J. DATE: 20 November 1984
PLACE: Melbourne
ORDER
THE COURT ORDERS THAT the motion be refused with costs.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRI y V. No. G 227 of 1984
GENERAL DIVISION
BETWEEN : FRANCIS C. MASON PTY. LID., FRANCIS CHARLES MASON and JUDITH ASHLEY MASON Applicants and CITICORF AUSTRALIA LTD. Respondent CORAM: Northrop J. DATE: 20 November 1984 PLACE: Melbourne
REASONS FOR JUDGMENT
By their amended application, the Applicants are seeking various orders under the Trade Practices Act 1974 ("the Act") ancluding damages under s.82 and orders pursuant to 5.87 with respect to an agreement in writing dated =z September 1981 between Francis Charles Mason ("Mr. Mason") and Judith Ashley Mason ("Mrs. Mason") of the one part and the Respondent ("Citicorp") of the other part ("the loan agreement") and an agreement in writing dated 2 September 1981 between Francis C. Mason Pty. Ltd. ("the Company") and Citicorp ("the guarantee agreement"). The application is based upon conduct engaged in by Citicorp which the
Applicants allege was misleading or deceptive or likely to
mislead or deceive contrary to 8.52 of the Act. Other claims contained in the application based upon other causes of action are not relevant for present purposes. The application was filed on 15 August 1984. By Notice of Motion dated 3 September 1984 the Applicants are seeking anterim orders restraining Citicorp from proceeding further in Supreme Court of Victoria proceedings No. 2683 of 1984 issued on 22 June 1984 in which Citicorp is plaintiff and Mr. Mason and Mrs. Mason are defendants. In the Supreme Court proceedings, Citicorp is claiming payment of moneys alleged
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