Federal Court of Australia
JUDGMENT No. 35.1... BBs
(LIMITED DISTRIBUTION)
IN THE FEDERAL COURT OF AUSTRALIA) )
) ) )
VICTORIA DISTRICT REGISTRY No. VG 185 of 1988
GENERAL DIVISION
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: BIG TIME PHONOGRAPH RECORD COMPANY (AUST) PTY LTD Appellant and CLYDE BRAMLEY, BRADLEY SHEPHERD, DAVID FAULKNER and MARK KINGSMILL Respondents MINUTES OF ORDER , - a ' . . 4 wae an /. ° aan COURT: Woodward, Wilcox & Foster JJ. f f Ce . x eal oa } N DATE: 1 July 1988 WAS A? i; \er . ard PLACE: Melbourne ye eR ao nr
THE COURT ORDERS THAT:
The appeal be dismissed with costs.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA) )
) ) )
VICTORIA DISTRICT REGISTRY No. VG 185 of 1988
GENERAL DIVISION
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
BIG TIME PHONOGRAPH RECORD
COMPANY (AUST) PTY LTD
Appellant and CLYDE BRAMLEY, BRADLEY SHEPHERD, DAVID FAULKNER and MARK KINGSMILL Respondents
COURT: Woodward, Wilcox & Foster JJ.
DATE: 1 July 1988
PLACE: Melbourne
EXTEMPORE REASONS FOR JUDGMENT
THE COURT
This 1S an appeal by leave from a decision by a single judge of the Court on a preliminary question. There is only one short point to be decided on the appeal and it turns, in our view, entirely upon the special facts of the
case. The question 1s whether a particular notice of default
under a contract was validly served by serving 1t upon the
controlling company in the United States rather than upon its
Australian subsidiary, the appellant.
We have not found assistance in any of the authorities cited to us dealing with such matters as the service of notices to quit upon tenants or the exercise of
options.
There are only two provisions of the agreement between the parties which are relevant for present purposes.
These are clauses 7(a) and 16. Sub-clause 7(a) reads as
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