JUDGMENT No, smo wt, NOT FOR DISTRIBUTION FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES REGISTRY NG 503 of 1994 GENERAL DIVISION BETWEEN: MOUNT LYELL MINING Applicant AND: ROXON CORPORATION OY Respondent SY CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 11 NOVEMBER 1994 R HIS HONOUR: I note that the undertaking as to damages has been proffered and the orders will be made on the basis of that undertaking. RECORDED 3 NOT TRANSCRIBED In the reasons for judgment that I have just handed down, I indicated at pages 12 to 13 that it was not clear to me from the material in Mr Carr-Gregg's affidavit that evidence had been adduced of the representations that were alleged to have been made by or on behalf of the first respondent that were said to induce the applicant to have purchased the machine that is the subject of these proceedings. I indicated that I would invite Mr Pembroke to deal with this matter at 2.15 pm today. He has now done so. He has drawn my attention to the letter of 25 March 1987 which is annexure A to the affidavit of Mr Carr-Gregg. He has also drawn my attention specifically to the letter of 6 May 1987 from Select Engineering Services Pty Limited to Mount Lyell which had been tendered by Mr Pembroke and was exhibit A. He has also tendered two further documents which are referred to in the particulars in the amended statement of claim. These are letters respectively of 15 August 1986 and 15 July 1987. While these are letters from Select Engineering Services Pty Limited to Mount Lyell, they do include documentation that appears to emanate from Finland and to involve representations made by or on behalf of the first respondent. In those circumstances, the query that I raised at pages 12 to 13 of the reasons for judgment I consider to have been satisfied for the purposes of this ex parte application. Accordingly there is no need for me to alter the orders that I made yesterday, 10 November 1994. I certify that this and the preceding 1 page are a true copy of the Reasons for Judgment of the Honourable Justice Sackville. Associate: M le fer Dated: 16 November, 1994 Heard: 11 November, 1994 Place: Sydney Decision: 11 November, 1994 Appearances: Mr M Pembroke and Mr T Davie, instructed by Allen, Allen & Hemsley, Solicitors, appeared on behalf of the applicant.