TPS Group Ltd v The Charthill Group Pty Ltd & Ors [1987] FCA 396

2a,

IN THF FFDFRAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTFY GENERAL DIVISION

NOT INTENDED FOP GEMFRAL DISTRIBUTION

Mo. WAG 6 of 1987

BETWEEN: TPS GROUP LIMITED Applicant

and

THE CHARTHILL GROUP PTY LTD First Respondent

and

JOHN CARLTON YOUNG Second Pespongent

and

CHARLES FREDEPICK MARFLEET Third Respondent

and

ASD ASSET MANAGEMENT PTY LTD

Fourth Respondent

MINUTE OF ORDER

JUDGF MAKING ORDER: FRENCH J. "T)

DATE OF ORDER: 23 JULY 1987 29 JUL1987

5 . ms U,

WHERE MADE: PERTH Ve. PRINCIPAL fs

'REGISTRY wa S

THE COURT ORDERS THAT:-~ -_ a

1. The applicant do on or before 20 August 1987 "comply with the respondents' requests for further and hetter

particulars dated 17 March 1987 of the following paragraphs of the statement of claim, namely: paragraphs

10(a), (b) and (c); 11; 15; 22(a), (b) and (c); and 23.

2.

The applicant pay the respondents' costs of the motion.

Note: Settlement and entry of orders

Order 36 of the Federal Court Pules.

1s dealt with

in

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

NOT IP TENDFIE FOR GENERAL DISTPIRCIION

eee

No. WAG 6 of 1937

BETWEEN: TPS GPOUP LIMITED Applicant

and

TRE CPAPTHILTL GROUP PTY LTD First Respondent

ana

JOHN CARLTON YOUNG Second Respondent

and

CHARLES FREDERICK MARPLEET Third Pespondent

and

ASD ASSET MANAGEMENT PTY LTD

Fourth Respondent

CORAM: FRENCH J. 23 July 1987 REASONS FOR JUDGMENT This is the return of the respondents' motion for an order requiring the provision by the applicant of further and better particulars of 1ts statement of claim in an application for damages for alleged contraventions of s.52 of the Trade Practices

Act 1974 and for breach of contract, negligence, fraud and

infringement of copyright.

It 1s sufficient for present %urnposes to say that the litigation arises out of an agency aqreement between the parties