Ridgway, T.W. & Anor v Consolidated Energy Corporation Pty Ltd & Anor [1986] FCA 626
Federal Court of Australia
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NOT FOR GENERAL DISTRIBUTION
IN_THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No.G103 of 1986
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GENERAL DIVISION
BETWEEN :
TERANCE WILLIAM RIDGWAY
First Applicant
AND:
CONSOLIDATED ENERGY CORPORATION
PTY. LIMITED
Second Applicant
AND:
CONSOLIDATED ENERGY CORPORATION
PLY. LIMITED
First Respondent
TERENCE GEORGE MORROW
Second Respondent
MINUTE OF ORDER
JUDGE: Fox J.
DATE OF ORDER: 9 December 1986
WHERE MADE: Sydney.
THE COURT ORDERS THAT:
1. The second respondent pay to the Deputy Registrar of the
Court within 21 days after service upon it of a copy of
the order herein: ae
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(a) for payment to the first applicant the sum of
$201,529.83; and
(b) for payment to the second applicant the sum of
$88,792.56.
2. The second respondent pay the costs of the applicants of
the proceedings, including the costs of the hearing on 9
December 1986.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No.G103 of 1986
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GENERAL DIVISION
BETWEEN :
TERANCE_ WILLIAM RIDGWAY
First Applicant
AND:
CONSOLIDATED ENERGY CORPORATION
Pry. LIMITED
Second Applicant
CONSOLIDATED ENERGY CORPORATION
PTY. LIMITED
First Respondent
TERENCE GEORGE MORROW
Second Respondent
CORAM: FOX J.
DATE: 9 DECEMBER 1986
SUPPLEMENTARY REASONS FOR JUDGMENT
(EX TEMPORE)
Since I delivered the principal judgment in this matter
on 27 November last, there has been put before me evidence which
establishes to my satisfaction that the second respondent,
Terence George Morrow, was aware at all relevant times of the
absence of title in the first respondent to grant the licences in
question, and, indeed, that he was specifically warned orally and
in writing that the title did not exist.
I have used the word "title" as corresponding with the
term used in the principal judgment in which I dealt simply with
s.52 of the Trade Practices Act 1974. There was little doubt,
however, that other of the sections relied upon were applicable
to the situation, and that s.75B of the Act applies in relation
to the participation by the second respondent in contraventions
of those other provisions.
It seems to me, therefore, to flow, by a joint
application of ss.82 and 753, that the second respondent is
liable, with the first respondent, for the payment of the damaces
which I have already assessed, and I order that judament be
entered against him accordingly. His liability is joint. He
should also be jointly liable with the first respondent for the
costs of the proceedings, but he should be solely liable for the
proceedings today.
I certify that this and the
preceding page are a true
copy of the Reasons for
Judgment herein of his Honour
Mr. Justice Fox.
Dated: 9 December 1986
Counsel for the Applicant:
Solicitors for the Applicant:
Counsel for the Respondent:
Date of supplementary hearing:
Date supplementary judgment
delivered:
Mr F G Lever
Messrs Moore & Bevins
No appearance for
respondent
Sydney: 9 December 1986
Sydney: 9 December 1986
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