Glass Containers Australia Pty Ltd & Anor v. Hyundai Australia Pty Ltd [1986] FCA 375

Practice and Procedure - motion for contempt - alleged breach of undertaking given by respondent - standard of proof applicable - absence of evidence that undertaking served upon respondent -

whether proof of service of undertaking required

Evidence - hearsay evidence contained in affidavits filed in support of motion - whether admissible under Federal Court Rules

0.33 r.2 - whether motion an "interlocutory hearing" in terms of

O.1l r.4

Federal Court Rules 0.1 r.4, 0.33 r.2, 0.40

GLASS CONTAINERS (AUSTRALIA) PTY. LIMITED and §.C.I. OPERATIONS PTY. LIMITED trading as

Cargo Newpack Industries at 22F Fitzpatrick Street, Revesby NSW v.

HYUNDAI AUSTRALIA PTY. LIMITED of Level 20, Norwich House, 6 0'Connell Street, Sydney

No. G10 of 1985

TOOHEY J. PERTH

5 SEPTEMBER 1986

F ~ 8 SEP 1986

FEDERAL COURT OF AUSTRALIA

PRINC'PAL REG STRY

IN THE FEDERAL COURT OF AUSTRALIA

NEM SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION

No. G10 of 1985

BETWEEN:

GLASS CONTAINERS (AUSTRALIA) PTY. LIMITED

and

S.C.2. OPERATIONS PTY. LIMITED trading as Cargo Newpack Industries at 22F Fitzpatrick Street, Revesby NSW

Applicants

and

HYUNDAT AUSTRALIA PTY. LIMITED of Level 20, Norwich House, 6 Q'Connell Street, Sydney

Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER: TOOHEY J. DATE OF ORDER: 5 September 1986 WHERE MADE: Perth

THE COURT ORDERS THAT:

l. The applicants' motion filed 11 June 1986 is dismissed.

2. The applicants pay the respondent's costs of the motion.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.