Ryman, Charles John & Anor v Seymour CBD Pty Ltd [1997] FCA 124

CATCHWORDS PROCEEDINGS - Notice of Motion - Application for summary dismissal of proceedings by respondent - whether frivolous or vexatious - whether abuse of process - allegations in statement of claim inconsistent with uncontradicted evidence - collateral purpose. Federal Court Rules O 20 r 2 Trade Practices Act 1974 s 82 Charles John RYMAN and Valmai RYMAN v SEYMOUR CBD PTY LTD ACN 010 302 860 No QG 116 of 1996 SPENDER J BRISBANE 28 FEBRUARY 1997

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY No QG 116 of 1996 GENERAL DIVISION BETWEEN: CHARLES JOHN RYMAN and VALMAI RYMAN Applicants AND: SEYMOUR CBD PTY LTD ACN 010 302 860 Respondent CORAM: SPENDER J PLACE: BRISBANE DATE: 28 FEBRUARY 1997 MINUTES OF ORDER The Court orders: 1. The proceedings be dismissed. 2. The applicants pay the respondent's costs (including any reserved costs) of and incidental to the principal proceedings and the costs of and incidental to the notice of motion filed 22 August 1996, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY No QG 116 of 1996 GENERAL DIVISION BETWEEN: CHARLES JOHN RYMAN and VALMAI RYMAN Applicant AND: SEYMOUR CBD PTY LTD ACN 010 302 860 Respondent CORAM: SPENDER J PLACE: BRISBANE DATE: 28 FEBRUARY 1997 REASONS FOR JUDGMENT By a notice of motion filed on 22 August 1996 the respondent, Seymour CBD Pty Ltd ('Seymour'), seeks orders that the principal proceedings be dismissed pursuant to O 20 r 2 of the Federal Court Rules, on the basis that the proceeding is frivolous or vexatious or is an abuse of process of the court. Order 20 r 2 provides, so far as is relevant: