Federal Court of Australia
CATCHWORDS
Practice and Procedure - Federal Court of Australia -
Jurisdiction - Claim under part V of Trade Practices Act 1974 - Additional claim in contract - Claim based on representation not
pleaded as constituting misleading conduct - Whether Court has jurisdiction to determine claim relating to non-federal matters - Whether claim constitutes a matter separate and distinct from
principal claim.
Trade Practices Act 1974 5s.52, 82 and 75B
Misrepresentation Act 1971 (S.A.) 5.7
PHILIP GEORGE SCALES, JAY ENGELBRECHT, DAVID JOHN HART, ALFIO MACOLINO, ANGUS JOHN REDFORD and FREDERICK MARK BOYD TURNER trading as "SCALES & PARTNERS"
Applicants - and -
SYSTEMS SUPPORT PTY. LTD. and ASHLEY BRIAN DIXON Respondents
No. G67 of 1985
FISHER J. ADELAIDE 6 FEBRUARY 1986
tw
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
JUDGE MAKING ORDER
WHERE MADE
DATE OF ORDER
THE COURT ORDERS THAT:
1. The application
No.G67 of 1985
wee eee
BETWEEN:
PHILIP GEORGE SCALES, JAY ENGELBRECHT', DAVID JOHN HART, ALFIO MACOLINOG, ANGUS JOHN REDFORD and FREDERICK MARK BOYD TURNER trading as "SCALES & PARTNERS "
Applicants - and -
SYSTEMS SUPPORT PTY. LTD. and ASHLEY BRIAN DIXON
Respondents
MINUTE OF ORDER
under
FISHER J.
ADELATDE
6 FEBRUARY 1986
o
Paragraph 1 of che Notice of
Motion dated 15 January 1986 be dismissed.
Further consideration of the application under paragraph 2 of the Notice of Motion be adjourned to a date to be fixed.
The respondents pay the costs of the application under paragraph 1 to the applicants the same to be taxed if
not agreed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
No.G67 of 1985
BETWEEN:
PHILIP GEORGE SCALES, JAY ENGELBRECHT, DAVID JOHN HART,ALFIO MACOLINO, ANGUS JOHN REDFORD and FREDERICK MARK BOYD TURNER trading as "SCALES & PARTNERS"
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