Federal Court of Australia
i
JUDGMENT No. 16.2.3: a
FOR LIMITED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
) ) TASMANIA DISTRICT REGISTRY ) TAS NO G8 of 1984 ) )
GENERAL DIVISION
Coram:
Date:
Place:
Between: MONTILE PTY. LTD.
(Applicant) And: ACRYDUR AUSTRALIA PTY. LTD.
(Respondent) Ryan J. 21 December 1987
Hobart
MINUTES OF ORDER
THE COURT ORDERS:
That there be judgment for the applicant on the claim in the sum of $2191 with costs to be taxed, excluding
any costs of amending the statement of claim.
That there be judgment for the respondent on the cross claim in the sum of $6714.70 with costs, including, in
default of agreement, any costs incurred by the
ndent, in respect of Count Court action } responden in Pp y eee
$405494 in the County Court of Victoria.
That judgment on the claim and cross claim each bear
interest under 0.35 r.8 from the date of this Order.
Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
) ) TASMANIA DISTRICT REGISTRY ) TAS NO G8 of 1984 ) GENERAL DIVISION )
Between: MONTILE PTY. LTD.
(Applicant) And: ACRYDUR AUSTRALIA PTY. LTD.
(Respondent)
Coram: Ryan J.
Date: 21 December 1987
Place: Hobart
EX TEMPORE REASONS FOR JUDGMENT
By this application, the applicant ("Montile") claims damages arising from breaches by the respondent of s.53 of
the Trade Practices Act 1974 ("the Act"), an order under s.87
of the Act relieving the applicant from liability to pay the moneys claimed from the applicant by the respondent in action number $405494 in the County Court of Victoria, and an injunction restraining the respondent from proceeding any
further in that County Court action.
In or about May 1983, Montile, which carries on business as a floor-laying contractor, was engaged by G.J.
Coles & Coy. Limited ("Coles") to resurface the floor of a
meat processing area and cool room at its supermarket at Kings Meadows in Tasmania. The applicant had previously received from Coles several valuable contracts of a_ similar kind which had been performed by laying quarry tiles and grouting them with epoxy resin. It appears that one
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