O'Brien, C. & Anor v Randy's Motor Wreckers Pty Ltd & Anor[1987] FCA 111

Beep 1

Judgement No. ITD PRACTICE AND PROCEDURE - motion for judgment in default of appearance - relief claimed under s.82 and s.87 Trade Practices Act - no appearance by respondent ~ notice of motion by certified

mail to registered office - requirement for direct admissible

evidence - inadequacy of statement of belief - motion adjourned.

Trade Practices Act 1974 s.52, s.82, s.86, s.87 Federal Court Rules 0.20 r.1(1), 0.33 r.2

Warea Pty Ltd v Waterloo Industries Pty Ltd [1986} ATPR 65-323 Yorke v Lucas (1985) 61 ALR 307.

CYRIL GEORGE O'BRIEN, ELIZABETH O'BRIEN v RANDY'S MOTOR WRECKERS PTY LTD and RONALD FREDERICK HEELAN NO. WAG 119 of 1986

FRENCH J. 18 March 1987 Perth

1G MAK 1987

AUIGTRALIA

RAINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

wee

NO. WAG 119 of 1986 BETWEE N: CYRIL GEORGE O'BRIEN First Applicant and ELIZABETH O'BRIEN Second Applicant and RANDY'S MOTOR WRECKERS PTY LTD First Respondent and RONALD FREDERICK HEELAN Second Respondent MINUTE OF ORDER JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 18 MARCH 1987

WHERE MADE: Perth

THE COURT ORDERS THAT:

1. The motion be adjourned to a date to be fixed.

NOTE: Settlement and entry of orders 1s dealt with

in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY )

)

GENERAL DIVISION NO. WAG 119 of 1986

BETWEEN: CYRIL GEORGE O'BRIEN

First Applicant

ELIZABETH O'BRIEN Second Applicant

and

RANDY'S MOTOR WRECKERS PTY LTD First Respondent

and

RONALD FREDERICK HEELAN

Second Respondent

CORAM: FRENCH J.

March 1987

REASONS FOR JUDGMENT

On 1 December 1986 the applicants instituted proceedings

in this court claiming against the respondents:-

1. A declaration that a written agreement between the parties designated an Indenture and Collateral Agreement had been rescinded.