Rabvila Pty Ltd v Reymor Investments Pty Ltd & Ors [1986] FCA 123

CATCHWORDS

FEDERAL COURT - accrued jurisdiction - Trade Practices Act claim - joined with claims in negligence and deceit - whether claims

should be separated.

TRADE PRACTICES - claim under s.75B - whether respondent firm vicariously liable - s.75B exhaustive.

Trade Practices Act, 1974, ss.52, 75B, 82, 87

RABVILA PIY, LIMITED v. REYMOR INVESTMENTS PTY. LIMITED & ORS

OLD G1i06 OF 1985

PIncus J. BRISBANE 8 April 1986 ?

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IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G106 of 1985 }

GENERAL DIVISION

BETWEEN :

AND:

AND:

AND:

AND:

JUDGE MAKING ORDER: DATE OF ORDER: WHERE MADE:

THE COURT ORDERS THAT:

RABVILA PTY. LIMITED Applicant REYMOR INVESTMENTS PTY. LIMITED First Respondent JOHN CHARLES REYNOLDS Second Respondent TAN MOIR Tnird Respondent

HUNGERFORD, HANCOCK & OFFNER ({a_firm)

Fourth Respondent

MINUTES OF ORDER

PINCUS J. 8 April 1986

BRISBANE

1. The applications ta strike out or stay the claims against the fourth cespondent be dismissed.

2. The applicant have leave to amend the Statement of

Clain.

3. The application for security for costs be heard on a date to be fixed by the Registrar.

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NOTE:

The fourth respondent pay the costs of and incidental to the application mentioned in (1), to be taxed, the taxation not to take place until further order, or until a general order for costs is made in the principal application, whichever shall first occur.

Settlement and entry of orders 1s dealt with in Order 36

of the Federal Court Rules.

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IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G1i06 of 1985 GENERAL DIVISION )

BETWEEN: RABVILA PTY. LIMITED

Applicant

AND: REYMOR INVESTMENTS PTY. LIMITED

First Respondent