Newark Pty Ltd v. Civil & Civic Pty Ltd & Anor [1988] FCA 85

IYDGMENT No.

CATCHWORDS

PRACTICE - shadowy claim - varying bases of claim put forward -

federal basis of claim originally made groundless - struck out. PRACTICE - security for costs - applicant company insolvent -

undertaking by liquidator to pay costs required.

Trade Practices Act 1974, s.52

Newark Pty. Ltd.

(Receivers Appointed) (In Liquidation)

v. Civil & Civic Pty. Ltd. & Anor.

Qld G86 of 1987

PINCUS J. BRISBANE 9 MARCH 1988

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G86 of 1987

GENERAL DIVISION )

BETWEEN: NEWARK PTY. LTD. (RECEIVERS APPOINTED) (IN LIQUIDATION)

Applicant

AND: CIVIL & CIVIC PTY. LTD.

First Respondent AND: JOSEPH MICHARL THORPY

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 9 MARCH 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

l.

2.

NOTE:

the principal application be struck out; and

the applicant pay the respondents' costs of and incidental to the proceedings, to be taxed.

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 G86 of 1987 GENERAL DIVISION )

BETWEEN: NEWARK PTY. LTD. (RECEIVERS APPOINTED) (IN LIQUIDATION)

Applicant AND: CIVIL & CIVIC PTY. LTD.

First Respondent AND: JOSEPH MICHAEL THORPY

Second Respondent

PINCUS J. 9 MARCH 1988

REASONS FOR JUDGMENT

There are before me applications for security for costs by each of the two respondents, anda motion for judgment by the first respondent, the latter being supported by the second respondent. The applications I have mentioned were filed in that

order, but 1t is convenient to consider the latter first

Mr H. Fraser, for the first respondent, argued that the applicant has no case on its present pleading which claims relief

under s.52 of the Trade Practices Act 1974. He said, in effect,