Magic Menu Systems Pty Ltd & Anor v AFA Facilitation Pty Ltd & Ors [1996] FCA 450

FEDERAL COURT OF AUSTRALIA )No. QG 125 of 1995 QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION ) BETWEEN: MAGIC MENU SYSTEMS PTY LTD (ACN 050 409 704) First Cross-claimant AND: MMS FRANCHISING PTY LTD (ACN 062 393 864) Second Cross-claimant AND: A.F.A. FACILITATION PTY LTD First Cross-respondent AND: WALTER CORNEILLE CLEMENT MARIE JANUS Second Cross-respondent AND: KOBBLE CREEK PTY LTD (ACN 062 208 093) Third Cross-respondent AND: GRAHAM BOYD SIMON and ANNE MARIE SIMON Fourth Cross-respondent MINUTES OF ORDERS JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 10 May 1996 WHERE MADE: Brisbane

THE COURT ORDERS THAT: 1. As between the cross-claimants and the first and second cross-respondents, the costs of and incidental to the determination of the separate issues be reserved to the judge who deals with the cross-claim for damages against those cross-respondents. 2. There be liberty to all parties to apply with respect to these costs, should the cross-claimants not promptly pursue their claim for damages against the first and second cross-respondents. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

FEDERAL COURT OF AUSTRALIA ) No. QG 125 of 1995 QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION ) BETWEEN: MAGIC MENU SYSTEMS PTY LTD (ACN 050 409 704) First Cross-claimant AND: MMS FRANCHISING PTY LTD (ACN 062 393 864) Second Cross-claimant AND: A.F.A. FACILITATION PTY LTD First Cross-respondent AND: WALTER CORNEILLE CLEMENT MARIE JANUS Second Cross-respondent AND: KOBBLE CREEK PTY LTD (ACN 062 208 093) Third Cross-respondent AND: GRAHAM BOYD SIMON and ANNE MARIE SIMON Fourth Cross-respondent Coram:Drummond J Date: 10 May 1996 Place: Brisbane REASONS FOR JUDGMENT On 8 May 1996, I published reasons for making findings on certain issues ordered to be determined separately. What was dealt with was the cross-claimants' claim for,