Philip Anthony Thors & Thunder Investments Pty Ltd v Weekes, J.R. & Ors [1988] FCA 445

JUDGMENT No.. 44:5%,.88. |

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G574 of 1987

GENERAL DIVISION )

CORAM: DATE: PLACE:

BETWEEN: PHILIP ANTHONY THORS AND THUNDER INVESTMENTS PTY LIMITED

Applicants

AND: JOHN ROBERT WEEKES

First Respondent AND: PATRICIA WEEKES

Second Respondent AND: BRIAN PAUL WEEKES Third Respondent

AND: LESLIE FRANCIS WEEKES

Fourth Respondent

AND: R. AND P. WEEKES PTY LIMITED

Fifth Respondent

AND: THE MOORINGS DEVELOPMENT LIMITED

Sixth Respondent, Davies J. wt Lf

9 June 1988 Sydney

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. 2.

The joinder and amendment be allowed.

The applicants pay the costs thrown away by the amendments.

The costs of this motion be reserved.

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

15°

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) .No. G574 of 1987 ) )

GENERAL DIVISION

BETWEEN: PHILIP ANTHONY THORS AND

THUNDER INVESTMENTS PTY LIMITED

Applicants

AND: JOHN ROBERT WEEKES

First Respondent

AND: PATRICIA WEEKES

Second Respondent

AND: BRIAN PAUL WEEKES

Third Respondent

AND: LESLIE FRANCIS WEEKES

Fourth Respondent

AND: R. AND P. WEEKES PTY LIMITED Fifth Respondent AND: THE MOORINGS DEVELOPMENT

LIMITED

Sixth Respondent

CORAM: Davies J. DATE: 9 June 1988 PLACE: Sydney

REASONS FOR JUDGMENT

The statement of claim in these proceedings raises

aes

sr ons

eer

2.

matters under the Trade Practices Act 1974 (Cth) and associated Matters under State law with respect to a transaction involving an option to acquire land near Mosey Point, New South Wales. On 3 December 1982, the owners of the property, Allan Charles Annetts, Neville John Annetts and David Lyall Annetts ("the Annetts") granted to the first, second, third and fourth respondents ("the Weekes") an option to acquire the property.