Federal Court of Australia
417 bh GR
JUDGMENT iNo. sovecoveconeesecesl Cecccccecese LY 7A
TCHWORDS \ _¢
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 PITY. LTD., v. CITICORP AUSTRALIA LTD.
FRANCIS CHARLES MASON and JUDI ASHLEY MASON
V. No. G 227 of 1984
Northrop J. Melbourne
20 November 1984
N QURT _O s IA
VICTOR D ct GISTRY V. No. G 227 of 1984
GENERAL DIVISION
FRANCIS C. MASON PTY. LID., 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.
INTHE FEDERAL COURT OF AUSTRALIA VICTO D CT_REGISTR
GENERAL DIVISION
V. No. G 227 of 1984
~rvewwrer
BETWEEN
FRANCIS C. MASON PTY. LTD., FRANCIS CHARLES MASON and ' JUDITH ASHLEY MASON Applicants
and
CITICORP AUSTRALIA LTD. Respondent
a Northrop J.
20 November 1984
ts] Keg Hy r
Melbourne
a] Ir Kod Im [i]
REASONS FOR JUDGMENT
By their amended application, the Applicants are seeking various orders under the Trade Practices Act 1974 ("the Act") including damages under s.82 and orders pursuant to s.87 with respect to an agreement in writing dated 2 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 s.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 interim 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
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