Federal Court of Australia
'246 CATCHHORDS
Practice and procedure - Federal Court of Australia - Notice of Motion - whether judgment should be set aside ~- absence of Parties - effect of contract to set aside judgment -
consideration - whether further execution of judgment should be stayed.
Federal Court Rules 0.35 rr.3,7, 0.36 r.8, 0.37 r.10 Trade Practices Act 1974 (Cth) 5.52
IAN LESLIE CAMERON and JEAN LARAINE CAMERON
and
PURE AND NATURAL FOOD COMPANY PTY. LTD., FRANCHISING AND MARKETING COMPANY OF AUSTRALIA LTD.,
ANTHONY MICHAEL ASHFORD and TAFCO THE AUSTRALIA FOOD COMPANY . LTD.
V. No. G 170 of 1985
NORTHROP J. 22 MAY 1987
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA ) )
VICTORIA DISTRICT REGISTRY ) V. No. G 170 of 1985 ) )
GENERAL DIVISION
BETWEEN :
IAN LESLIE CAMERON and JEAN LARAINE CAMERON Applicants
and
PURE AND NATURAL FOOD COMPANY PTY. LTD., FRANCHISING AND MARKETING COMPANY OF AUSTRALIA LTID., ANTHONY MICHAEL ASHFORD and TAFCO THE AUS' IA FOOD COMPANY PTY. LTD. Respondents
COURT: NORTHROP J.
DATE: 22 MAY 1987 PLACE: MELBOURNE
MINUTE OF ORDER
THE COURT ORDERS THAT the motion be refused with costs.
(Settlement and entry of Orders is dealt with in 0.36 of the Rules of Court.)
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY GENERAL DIVISION
V. No. G 170 of 1985
BETWEEN: AN LEST CAMERON and EAN LARAINE CAMERON Applicants and PURE AND NA' FOOD COMP, PTY. LTD., FRANCHISING AND ETING COMP. OF AUS' IA LTD.,
ANTHONY HAEL ASHFORD and
TAFCO THE AUSTRALIA FOOD COMPANY PTY. LTD. Respondents
COURT: NORTHROP J.
DATE: 22 MAY 1987 PLACE: MELBOURNE
REASONS FOR JUDGMENT
Pursuant to notice dated 3 April 1987, the respondents Franchising and Marketing Company of Australia Ltd. ("Franchising"), Anthony Michael Ashford ("Ashford"), and Tafco The Australia Food Company Pty. Ltd. ("Tafco"), are moving the Court for an order that "the Judgment entered by the Applicants against (them) on 20th February, 1987 he vacated" alternatively for an order that further execution of the judgment be stayed until further order. Initially, counsel for Franchising, Ashford and Tafco, in support of the
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