Janus, W.C.C.M. & Ors v A.G.C. (Advances) Ltd & Anor [1987] FCA 779

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G96 of 1987

GENERAL DIVISION )

BETWEEN: WALTER CORNEILLE CLEMENT MARIE JANUS

First Applicant AND: WINJAN PASTORAL COMPANY PTY. LTD.

Second Applicant AND: 'TWEED CANAL ESTATES PTY LTD Third Applicant

WINGARA ENTERPRISES PTY. LID.

Fourth Applicant

A.G.C. (ADVANCES) LIMITED

First Respondent

MACDONALD WAGNER PTY. LTD.

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 23 DECEMBER 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application made by notice of motion for a joinder of Messieurs White and Gardiner and G.J. White be dismissed;

2. The applicants pay the respondents' costs of and incidental to the application, to be taxed.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G96 of 1987 GENERAL DIVISION )

BETWEEN: WALTER CORNEILLE CLEMENT MARIE JANUS First Applicant AND: WINJAN PASTORAL COMPANY PTY. LTD.

Second Applicant AND: TWEED CANAL ESTATES PTY LTD

Third Applicant

AND: WINGARA ENTERPRISES PTY. LTD.

Fourth Applicant AND: A.G.C. (ADVANCES) LIMITED

First Respondent

AND: MACDONALD WAGNER PTY. LTD.

Second Respondent

PINCUS J. 23 DECEMBER 1987

REASONS FOR JUDGMENT

In this matter, an application was made on 24 June 1987

seeking relief under the Trade Practices Act and otherwise. The statement of claim was delivered on 24 June, and a further version of it was delivered on 21 August 1987. The allegations in the statement of claim, which, if I may say so, with respect, are in an unusual form, consist of a rather more discursive account of

events than one would expect to find; they relate, inter alia, to

a valuation said to have been made by White and Gardiner Pty. Ltd., and in particular by Mr. G.J. White.