Federal Court of Australia
CATCHWORDS BILLS OF EXCHANGE - Cheques - Damages sought for dishonour of cheque - whether party claiming was a "holder" of the cheque. PRACTICE AND PROCEDURE - Summary judgment. Cheques and Payment Orders Act 1986 (Cth), ss 71, 76, 3(1) "holder" and "possession". Silk Bros Interstate Traders Pty Ltd v Security Pacific National Bank (1989) 16 NSWLR 446. Ferro Corporation (Aust) Pty Ltd v International Pools Aust Pty Ltd (1993) 30 NSWLR 539. Buying Systems (Aust) Pty Ltd v Tien Mah Litho Printing Co (PTE) Ltd (1986) 5 NSWLR 317. GUTHREYS PACIFIC PTY LIMITED v NORTHERN TERRITORY TOURISM & PROMOTIONS & ORS NG 207 of 1995 Sackville J. 29 June, 1995 Sydney
IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 207 of 1995 GENERAL DIVISION ) BETWEEN: GUTHREYS PACIFIC PTY LIMITED Applicant AND: NORTHERN TERRITORY TOURISM & PROMOTIONS First Respondent BRIAN DANIEL MOONEY Second Respondent MARK CHRISTOPHER MOONEY Third Respondent NORTHERN TERRITORY TOURISM & PROMOTIONS PTY LIMITED First Cross-Claimant BRIAN DANIEL MOONEY AND MARK CHRISTOPHER MOONEY Second Cross-Claimants GUTHREYS PACIFIC PTY LIMITED First Cross-Respondent TERENCE HAROLD HAYDEN AND VICTORIA HAYDEN Second Cross-Respondents CORAM: SACKVILLE J. DATE: 29 JUNE, 1995 PLACE: SYDNEY MINUTES OF ORDER THE COURT ORDERS THAT: 1. The Notice of Motion filed by the first and second cross-claimants on 2 May 1995 be dismissed with costs. 2. The Notice of Motion filed by the first and second cross-respondents on 1 June 1995 be dismissed with no order as to costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 207 of 1995 GENERAL DIVISION ) BETWEEN: GUTHREYS PACIFIC PTY LIMITED Applicant AND: NORTHERN TERRITORY TOURISM & PROMOTIONS First Respondent BRIAN DANIEL MOONEY Second Respondent MARK CHRISTOPHER MOONEY Third Respondent NORTHERN TERRITORY TOURISM & PROMOTIONS PTY LIMITED First Cross-Claimant BRIAN DANIEL MOONEY AND MARK CHRISTOPHER MOONEY Second Cross-Claimants GUTHREYS PACIFIC PTY LIMITED First Cross-Respondent TERENCE HAROLD HAYDEN AND VICTORIA HAYDEN Second Cross-Respondents CORAM: SACKVILLE J. DATE: 29 JUNE, 1995 PLACE: SYDNEY REASONS FOR JUDGMENT The Proceedings In this matter two notices of motion have been heard together. The first is brought by the three respondents to the principal application, namely, Northern Territory Tourism and Promotions Pty Ltd ("NTTP"), Brian Mooney and Mark Mooney, both of whom are
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