Federal Court of Australia
Trade Practices - whether
interest may be included in
damages under 5.32 of Trade Practices Act.
Practice and FPracedure
- judgment
defence - claims under
whether s.51A of Federal Court Act be ciaimed on actions under statute
of Judiciary Act upon provision
allowing awards of interest 'in
Trade Practices Act
entered in default of filing
and at common law - applies - whether interest can and/or at law - effect of s.79
in State Supreme Court Act
all courts' - observations
concerning appropriate order in circumstances.
Trade Practices Act 1974+ s.52, sub-ss.53(aa), 53A(1), ss.82 & &7
Federal Court of Australia Act 1976 Judiciary Act 1903 5.79 Supreme Court Act 1935 (W.A.) s.32
=.51A
Supreme Court Act 1958 (Vic.) ss60 and 79A
NELLA, BROWN & ORS v. KINGIA PTY. LTD & ORS
No. WA G18 of 1983
TOOHEY J. PERTH
6 AUGUST 1985
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
JUDGE MAKING ORDER
DATE OF ORDER
Pa ia n han a a
Fh H the) o tad
JOHN BAPTIST NELLA, CLIFFORD SYDNEY BROWN, BARBARA SYBIL BROWN and IAN WILLIAN BROWN
Applicants and
KRINGIA PIY. LTD.
First Respondent
TAN DAVED ASPHAR, PETER ANTHONY McCOMISH
and ROBERT WILLIAM WATERS
Second Respondents
HILLDODD PITY. LTD.
Third Respondent
MINUTE OF ORDER
Toohey J.
6 August 1985
WHERE MADE : Perth THE COURT ORDERS THAT: 1. Judgment be entered for the applicants against the third
respondent for damages to be assessed
2.
ra
The third respondent pay ta the applicants their costs
of the
application including one-half of the casts of
the applicants' motion for judagment.
Note: Settlement and entry of orders is dealt witn in Order 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G18 of 1983
~~
BETWEEW:
JOHN BAPTIST NELLA, CLIFFORD SYDNEY BROWN, BARBARA SYBIL BROWN and IAN WILLIAN BROWN
Applicants and KINGIA PTY. LTD. First Respondent
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