Sailbay P/L & Anor v. The Tubby Trout P/L & Ors [1994] FCA 825

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4, AUSTRALIA 4b

Attention: Judgments Clerk

With the Compluments of

Please find herewith Full Court Judgment delivered in Brisbane On Monday 7 November, 1994 by Mr. Justice Cooper, together with a disk containing a copy of same.

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JUDGES' CHAMBERS FEDERAL COURT OF AUSTRALIA 119 NORTH QUAY

BRISBANE 4000

AUSTRALIA

JUDGMENT No. S.3Scoud Ot... CATCHWORDS

Appeal - competence of appeal - notice of appeal filed after reasons for judgment but before cunal orders of tnal judge to give effect to reasons for judgment - purported amendment of notice of appeal more than 21 days after making of cunal orders

Trade Practices - contravention of section 52 of Trade Practices Act 1974 - agreement for sub-lease - guarantee of lease and relief available

Costs - nature of discretion - the operation of Order 62 rule 36A of the Federal Court Rules.

Federal Court Rules Order 52 rule 21; Order 62 rule 36A Federal Court of Australia Act section 42 Trade Practices Act 1974 Section 87

Donald Campbell & Co, Lid. v, Pollak [1927] AC 732

No. QG14 of 1994 Neaves, Olney and Cooper JJ., Brisbane, 7 November, 1994

GENERAL DIVISION No, QG 14 of 1994 BETWEEN. SAILBAY PTY. LTD. First Appellant AND ANTHONY JOHN WHITE Second Appellant AND THE TUBBY TROUT PTY. LTD. First Respondent AND: DAVID MARSDEN McINTYRE AND CATHRYN MARY McINTYRE Second Respondents JUDGES MAKING ORDER: Neaves, Oiney and Cooper JJ. WHERE MADE: Brisbane DATE OF ORDER: 7 November, 1994 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondents costs of and incidental to the appeal to be taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal

Court Rules.

THE FEDERAL F_ AUST

N D RI REGISTR No. QG 14 of 1994

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NE IVISION

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: SAILBAY PTY LTD First Appellant ANTHONY JOHN WHITE