T.J.M. Products Pty Ltd (trading as A.R.B. Vehicle Accessories) v A. & P. Tyres Pty Ltd (trading as Steel Tyre Co.) & Ors [1987] FCA 575

JUDGMENT No. 5.15/81.

CATCHWORDS

PRACTICE AND PROCEDURE - Abuse of process - Entry of order in face Of notice of motion to vary or set aside the order - Party by entering order seeking "ulterior" or "collateral advantage" - Power of Court to set aside or vary order once entered and sealed generally.

Federal Court Rules; 0 35 r 7. 0 36 r 8

T.J.M, PRODUCTS PTY. LTD. (trading as A.R.B. VEHICLE ACCESSORIES)

Applicant - and - A. & P. TYRES PTY. LTD. (trading as STEEL TYRE CO) First Respondent First Respondent BRIGALOW PARK PTY. LTD. (trading as A.R.B. EQUIPMENT S.A.) Second Respondent KEITH JAMES PARKES Third Respondent WILHELMINA MARIA ELIZABETH PARKES Fourth Respondent BRUCE SAMPSON Fifth Respondent TERENCE JOHN GAVIN Sixth Respondent MICHAEL GLADWICH Seventh Respondent AND BETWEEN: A.R.B. ENGINEERING PTY. LTD. and BRIGALOW PARK PTY. LTD. trading as A.R.B. PRODUCTS Cross Claimants - and -

T.J3.M. PRODUCTS PTY. LTD. trading as A.R.B. VEHICLE ACCESSORIES Cross Respondent

CORAM: FISHER J. ADELAIDE 23 OCTOBER 1987

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

) ) } No. SA G24 of 1986 ) )

BETWEEN:

T.J.M. PRODUCTS PTY. LTD.

(trading as A.R.B. VEHICLE ACCESSORIES )

Applicant - and -

A. & P. TYRES PTY. LTD. (trading as STEEL TYRE CO.)

First Respondent - and - BRIGALOW PARK PTY. LTD.

(trading as A.R.B. EQUIPMENT S.A.)

Second Respondent - and -

KEITH JAMES PARKES

Third Respondent - and -

WILHELMINA MARIA ELIZABETH PARKES

Fourth Respondent - and - BRUCE SAMPSON

Fifth Respondent

- and -

2.

TERENCE JOHN GAVIN

Sixth Respondent - and -

MICHAEL GLADWICH

Seventh Respondent AND BETWEEN: A.R.B. ENGINEERING PTY. LTD.

and BRIGALOW PARK PTY. LTD. (trading as A.R.B. PRODUCTS)

Cross Claimants - and - T.J.M. PRODUCTS PTY. LTD.

(trading as A.R.B. VEHICLE ACCESSORIES)

Cross Respondent

MINUTES OF ORDER