Federal Court of Australia
TOR LIMITED DISTRIBUTIUN
JUDGMENT No. 53) gp BL
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG No. 184 of 1987
GENERAL DIVISION
Between: WILDTREK LIMITED, ANDREW MARSHALL, CORMARSHALL PTY. LIMITED and ROBERT NICHOLAS THURLOW ASHFORD
(Applicants)
AUSTRALIAN WORLD EXPEDITIONS PTY. LIMITED, AUSTRALIAN HIMALAYAN EXPEDITIONS PTY. LIMITED and GORONWY PRICE
(Respondents)
MINUTES OF ORDER
JUDGE MAKING ORDER : RYAN J. DATE OF ORDER: 6 OCTOBER 1987
THE COURT ORDERS THAT:
1. The statement of claim herein be struck out.
2. The applicant have leave to file and serve a further
statement of claim within 21 days.
3. The respondents' motion on notice dated 20 August 1987 (as amended) and the directions hearing herein be adjourned to
6 November 1987.
4. The applicants pay the respondents' costs of the hearing orm 7A 21 August 1987 and of this day.
~ BOCT 1287
ERAL GOUnT OF ; FED AUSTRALIA ha
PRINCIPAL, REGISTRY
NOTE: Settlement and entry of orders is dealt with in Order 36 of
the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRIC Is VG No. 184 of 1987
www wurw
G DIVISION
Between: WILDTREK LIMITED, ANDREW
MARSHALL, CORMARSHALL PTY. MITED and RO T
NICHOLAS THURLOW ASHFORD (Applicants)
And: AUSTRALIAN WORLD
EXPEDITIONS PTY. LIMITED AUSTRALIAN HIMALAYAN
EXPEDITIONS PTY. LIMITED and GORONWY PRICE
(Respondents)
Coram: Ryan J.
Date: 6 October 1987
REASONS FOR JUDGMENT
By their statement of claim, the applicants have Pleaded that in January 1987 they concluded an agreement with
the respondents,
"... whereby in substance the businesses of the
firstnamed Applicant and the second and thirdnamed Respondents would be amalgamated so that a major adventure travel company would be formed assimilating both their businesses and wherein the second, third and fourthnamed
Applicants and the thirdnamed Respondent would have interests."
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