Federal Court of Australia
CATCHWORDS
Trade Practices - misleading or deceptive conduct - refusal of injunction to restrain respondent from proceeding with Supreme Court action - delay by applicants in taking steps to relieve alleged misleading conduct - application for leave to
appeal refused.
Trade Practices Act 1974, ss. 52, 87
FRANCIS C. MASON PTY. LTD. AND ORS. V. CITICORP AUSTRALIA
LIMITED
No. VG323 of 1984
Jenkinson J. Melbourne
13 December, 1984
THE FEDERAL COURT OF AUSTRALIA )
VICTORIA DISTRICT REGISTRY ) No. VG323 of 1984 GENERAL DIVISION )
,
BETWEEN: FRANCIS C. MASON PTY. LTD., FRANCIS CHARLES MASON AND JUDITIi ASHLEY MASON
Applicants AND: CITICORP AUSTRALIA LIMITED Respondent CORAM: Jenkinson J. PLACE: Melbourne DATE: 13 December, 1984
EX TEMPORE JUDGMENT
This 1s an application for leave to appeal against an order by Northrop J. made on 20 November 1984 refusing to restrain the respondent, Citicorp Australia Limited, from proceeding in its action in the Supreme Court of Victoria against. two of the applicants, Francis Charles Mason and Judith Ashley Mason. The action in the Supreme Court was commenced by writ issued 22 June 1984 and served on the
applicants early in July 1984.
The action is for money alleged to be due under an agreement in writing dated 2 September 1981 made between Citicorp Australia Pty Limited of the one part and the applicants, Francis Charles Mason and Judith Ashley Mason, of
the other part.
The making of the agreement 1s not denied. The
2.
action is for money alleged to be due by the applicants to
the respondent under that agreement, the principal of moneys advanced under the agreement and interest alleged to be due
thereon.
The applicants commenced a proceeding in this court against the respondent to that proceeding and a company,
Francis C. Mason Pty. Ltd. is a party as the third applicant.
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