Australian Unit Administration Pty Ltd v Tudor Computer Systems Pty Ltd & Ors [1988] FCA 195

mur

JUDE IN THE FEDERAL COURT OF AUSTRALIA )

s DI IcT ISTRY ) QLD G8 of 1986 GENERAL DIVISION )

BETWEEN: AUSTRALIAN UNIT ADMINISTRATION PTY LTD Applicant

AND: TUDOR COMPUTER SYSTEMS PTY LTD First Respondent

AND: SQUIRREL DATABASE MANAGEMENT PTY LTD

Second Respondent

AND: TUDOR COMPUTER SYSTEMS PTY LTD

First Cross-Claimant

AND: SQUIRREL DATA BASE MANAGEMENT PTY LTD

Second Cross-Claimant

AND: AUSTRALIAN UNIT ADMINISTRATION PTY LTD

Cross-Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 15 APRIL 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. the further hearing of the trial be adjourned to a date to be fixed by the Registrar on application to hin;

2. the costs of yesterday's hearing and today be costs in the proceedings.

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 G8 of 1986 GENERAL DIVISION )

BETWEEN: AUSTRALIAN UNIT ADMINISTRATION PTY LTD

Applicant AND: TUDOR COMPUTER SYSTEMS PTY LTD

First Respondent AND: SQUIRREL DATABASE MANAGEMENT PTY LTD

Second Respondent AND: TUDOR COMPUTER SYSTEMS PTY LTD

First Cross-Claimant

AND: SQUIRREL DATA BASE MANAGEMENT PTY LID

Second Cross-Claimant

AND: AUSTRALIAN UNIT ADMINISTRATION PTY LTD

Cross-Respondent

PINCUS J. 15 APRIL 1988

EX TEMPORE REASONS FOR JUDGMENT

In this matter the respondents did not appear at the trial which was set down to begin yesterday, and the applicant adduced evidence in support of an application for judgment against both respondents. The application seeks an order pursuant to the Trade Practices Act 1974 requiring the respondents to repurchase from the applicant for the sum of $28,000 the computer system

referred to in para.7 of the statement of clain. In the

alternative, the application seeks an order directing the