Federal Court of Australia
eae
* Alte NOT PROPOSED FOR CIRCULATION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY 3 Q ie n oohy reés,
GENERAL DIVISTON
RETWEEN :
RICHARD KURLAND and SANDRA MARGARET KURLAND
Applicants AND: EUROPEAN ASTAN OF AUSTRALIA LIMITED First Respondent AND: ERDMANN R.G. VOGT Second Respondent AND: F.J.A. BROWN Third Respondent AND: JOHN R. THOMAS Fourth Respondent dudae Making Order: Burchett J. Where Made: Sydnev Date: 17 September, 1985.
MINUTE OF ORDER OF THE COURT
THE COURT ORDERS THAT: (1) The application be dismissed bacaiaadl costs.
NOTE: Settlement and entry of order. is dealt with in Order 36 of the Federal Court, Rules. 'et .
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IN THE FEDERAL CQURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G. 268 of 1985
GENERAL DIVISION
BETWEEN :
RICHARD KURLAND and SANDRA MARGARET KURLAND
Applicants
EUROPEAN ASTAN OF AUSTRALTA LIMITED
First Respondent AND: ERDMANN R.G. VOGT
Second Respondent
FE.d.A. BROvIN ' Third Respondent AND: JOHN R. THOMAS
Fourth Respondent
EX TEMPORE REASONS FOR JUDGMENT
BURCHETT J.
The applicants have commenced proceedings in this Court by Application and Statement of Claim. Pursuant to leave to serve short notice, granted by Morling J. last Friday, they now
seek an interlocutory order restraining the first respondent (to
2.
which I shall refer as the Eurasian Bank) from taking any further step in certain proceedings in the Supreme Court of New South
Wales.
The proceedings in the Supreme Court of New South Wales were instituted by the Eurasian Bank, which is a merchant bank, to recover monies amounting to over $600,000 claimed pursuant to a guarantee dated 7 June 1984 anda letter of request dated 5 December 1984, An order was made bv Rogers J. in the Supreme Court providing for the filing of a defence and affidavit of facts. This order was not complied with. Counsel for the applicants informed Rogers Jd. that it was proposed to launch the present proceedings in this Court, the applicants apparently taking the view that such a course would provide sufficient reason for failure to comply with the requirement to file a defence and affidavit of facts in the Supreme Court. As a result Rogers J. granted leave to the Eurasian Bank to enter judgment. It is submitted that, because the issues, sought to be raised on behalf of the applicants, include an issue under s.52 of the Trade Practices Act 1974, I ought to accede to their request for an interlocutory order restraining the Eurasian Bank from
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