Whitcombe, C.J., & Anor v Bouldercombe Brickworks Pty Ltd & Anor [1988] FCA 345

JUDGMENT No. 2:57.83

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY

OLD G157 of 1987

GENERAL DIVISION )

S wt MINUTES OF ORDER gy , ~ c — JUDGE MAKING ORDER: PINCUS J. = ,

DATE OF ORDER:

BETWEEN: COLIN JOHN WHITCOMBE and KAREN MAY WHITCOMBE

Applicants AND: BOULDERCOMBE BRICKWORKS PTY LTD

First Respondent

AND: RUSSELL WILSON ANDERSON

Second Respondent |

21 JUNE 1988

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

NOTE:

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in relation to the notice of motion filed 31 May 1988, the applicants make further answers verified by affidavit in accordance with Order 16 rule 7, complying in particular with the requirements of rule 6 sub-rules (2) and (3);

the applicants file and serve the further answers mentioned in Order 1 on or before 19 July 1988;

Orders no. 4 and 5 made on 7 December 1987 be set aside;

the matter be set down for review and further directions on Tuesday, 9 August 1988 at 9.30 a.m.;

the costs of and incidental to the notice of motion be taxed and paid by the applicants to the

respondents, other than the costs of the affidavit of Mr Cahill.

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

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IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G157 of 1987 GENERAL DIVISION )

BETWEEN: COLIN JOHN WHITCOMBE and KAREN MAY WHITCOMBE

Applicants AND: BOULDERCOMBE BRICKWORKS PTY LTD

First Respondent AND: RUSSELL WILSON ANDERSON

Second Respondent

PINCUS J. 21 JUNE 1988

EX TEMPORE REASONS FOR JUDGMENT

This is a claim for damages and interest by proceedings instituted in this Court on 18 August 1987. The statement of claim was filed on that day and it is, i1n summary, as follows, omitting allegations of a formal kind and those which are, for

present purposes, of lesser significance.

It says that there was a contract for sale of a prime mover under which the vendors agreed to grant, as 1t is put, the right to carry certain goods, conditionally upon the applicants entering into a leasing agreement in respect of the prime mover. It goes on to say that there were representations as to the conditions upon which the work would be done: that is, the