Federal Court of Australia
'
x
JUDGVENT No. 718.1
NOT FOR DISTRIBUTION
CATCHWORDS
Practice and Procedure ~ Motion to strike out statement of
upon the ground that
as the claim for damages is out of actions by statute raises a defence determined as a preliminary issue
misrepresentation not statute barred.
Trade Practices Act 1974
No. G93 of 1986
M. & M.
claim
it discloses no reasonable cause of action
time - the limitation of to a claim which may be - claims in fraud and
RUMBELOW ENTERPRISES PTY LTD and BALDWIN ENTERPRISES PTY
LTD v. REYNELLA SEAFOODS PTY LTD (In Liquidation) and RON SELIG
and RENATE SELIG and VICKI ALANA GARVIE
FORSTER, J.
ADELAIDE
23 DECEMBER 1987
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
No. G93 of 1986
eee
BETWEEN:
M. & M. RUMBELOW ENTERPRISES
PTY LTD and BALDWIN ENTERPRISES PTY LTD
Applicants - and -
REYNELLA SEAFOODS PTY LTD (In Liquidation) and RON SELIG and RENATE SELIG and VICKI ALANA GARVIE ~~"
Respondents
MINUTE OF ORDER
JUDGE MAKING ORDER WHERE MADE
DATE OF ORDER
THE COURT ORDERS THAT:
3 FORSTER J.
ADELAIDE
23 DECEMBER, 1987
1. The application is dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No. G93 of 1986
eee ew
GENERAL DIVISION
BETWEEN:
M. & M. RUMBELOW ENTERPRISES PTY LTD and BALDWIN ENTERPRISES PTY LTD
Applicants - and -
REYNELLA SEAFOODS PTY LTD (In
Liquidation) and RON SELIG and RENATE SELIG and VICKI ALANA
GARVIE
Respondents
REASONS FOR JUDGMENT
CORAM: Forster J :
a
It is pleaded by the applicants that pursuant to a contract dated 25 July 1983 they agreed to purchase from the first respondent a business known as "Brooklyn Seafoods" ("the business") and that by a further contract dated 3 September 1983 they purchased the goodwill of the business from the first respondent and that by a further contract also dated 3 September 1983 they agreed to purchase the plant and equipment of the business from one Stefan Selig. The statement of claim is not
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