Federal Court of Australia
NOT FOR DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G.68 of 1980
ed
GENERAL DIVISTON
BETWEEN : P. COLEMAN AND ANOR Applicant AND: INTERNATIONAL FOOLS PTY.LTD. Respondent Judge making order: Gummow J. Date of order: 3 April 1987
Where made: Sydney
MINUTE OF ORDER
The Court Orders That:
(1) The Application and Statement of Claim are struck out for want of jurisdiction.
(2) There be no order as to costs of the motion.
(3) There be no order as to costs of the proceedings.
NOTE: Settlement and entry of orders is dealt with in 36 of the Federal Court Rules.
FEDERAL cou AUSTRALIA' OF
5 PRINCIPAL ' REGISTRY
-
NOT FOR PUBLICATION
Il, THE FEDERAL COURT OF AUSTRALTA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G.68 of 1980 ) GENERAL DIVISTON )
BETWEEN : P. COLEMAN AND ANOR Applicant AND: INTERNATIONAL FOOLS PTY.LTD. Respondent
GUMMOW J. 3 April 1987
REASONS FOR JUDGMENT
HIS HONOUR: The Court today has before it a notice of motion filed by the Respondent on 1 December 1986, in which an order
1s sought that the application and statement of claim in these
proceedings be struck out for want of jurisdiction.
The proceedings were commenced in 1980, and the pleading in its present form is an amended statement of claim dated 29 August 1980 and filed on 3 September 1980. The matter was before the court on several occasions in 1980, and in October 1980 there was Filed a notice of motion, in similar terms to the current motion, in which an order was sought striking out the pleading
for want of jurisdiction.
The position was reached in 1980 that on 17 November in that year, counsel then appearing for the Applicants on the one side and for the Respondent on the other made submissions to the Court which produced an order standing the matter over generally with liberty to either party to restore on seven days notice to the other party. Costs were reserved. At that stage there may have been some room for doubt as to the extent of the jurisdiction in this court both in matters arising under Part V of the Trade Practices Act 1974 and in matters in which
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