Federal Court of Australia
NOT FOR GENERAL DISTRIBUTION
_ JUDGMENT No. 6927/81...
IN THE FEDERAL COURT OF AUSTRALIA
) } VICTORIA DISTRICT REGISTRY ) V. No. G 376 of 1986 ) )
GENERAL DIVISTON
BETWEEN:
BRAEMAR LIMITED and SOUTHERN HEATING HOLDINGS PTY. LTD.
and
BRAEMAR APPLIANCES PTY. LTD. and NATIONAL CONSOLIDATED LIMITED
COURT: NORTHROP J.
DATE 22 OCTOBER 1987
PLACE: MELBOURNE
MINUTES OF ORDER
THE COURT ORDERS THAT: -
1. The motion, notice of which is dated 3 September
be refused.
2. The motion, notice of which is dated 7 October 1987, motion
refused and the respondents' costs of the reserved,
(Settlement and entry of Orders is dealt with Rules of Court.)
Applicants
Respondents
1987,
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wee ne a or ee en eer
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V. No. G 376 of 1986
GENERAL DIVISION
BETWEEN :
BRAEMAR LIMITED and SOUTHERN HEATING HOLDINGS PTY. LTD. Applicants
and
BRAEMAR APPLIANCES PTY. LTD. and NATIONAL CONSOLIDATED LIMITED Respondents
COURT: NORTHROP J.
DA : 22 OCTOBER 1387
PLACE: MELBOURNE
EX TEMPORE REASONS FOR JUDGMENT
Before the Court are two motions. The first motion is one taken out by the respondents, notice of which is dated
3 September 1987. By that motion the respondents are seeking orders that until the hearing and determination of this proceeding the applicants be restrained from breaching clause 17 of the agreement in writing dated 17 May 1985 referred to in paragraph 13 of the applicants' amended statement of claim herein, and that the firstnamed applicant be ordered, until the hearing and determination of this proceeding, to comply with, or alternatively, specifically perform, the terms of
clause 17 of the said agreement. The second motion is one
Co
aad
taken out by the applicants, notice of which is dated 7 October 1987. By that motion the applicants are seeking an order that until the hearing and determination of this proceeding the respondents be ordered to perform the obligations and liabilities in respect of the Braemar warranty pursuant to clause 17(b) of the agreement in writing dated 17 May 1985 referred to in paragraph 13 of the applicants' amended statement of claim herein. During the course of the hearing of these motions, counsel for the applicants indicated that they did not intend to proceed with the motion, notice of which was dated 7 October 1987.
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