Franklins Ltd v Reject Shop (Aust) Pty Ltd [1998] FCA 677

FEDERAL COURT OF AUSTRALIA CONTRACT - disputed settlement agreement - scope of agreement - whether settlement disposed of primary claim and derivative cross-claims - where no document recording terms of agreement FRANKLINS LIMITED (ACN 000 929 902) v THE REJECT SHOP (AUST) PTY LTD (ACN 066 122 676) NG 138 of 1997 SPENDER J BRISBANE 10 JUNE 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NG 138 of 1997

BETWEEN: franklins limited (acn 000 929 902)

AND: Applicant

AND: THE REJECT SHOP (aUST) PTY LTD (ACN 066 122 676)

AND: Respondent

By Original Action

the reject shop (aust) PTY LTD (ACN 066 122 676)

first Cross-Claimant

NEVERA PTY LTD (ACN 006 532 734)

First Cross-Respondent

AUSTRALIA PACIFIC TRADING PTY LTD (ACN 070 889 913)

second cross-respondent

By First Cross-Claim

AUSTRALIA PACIFIC TRADING PTY LTD (ACN 070 889 913)

Second cross-claimant

newnham trucking pty ltd (acn 006 149 444)

Third Cross-Respondent

AND: GRAEME CHARLES NEWNHAM

Fourth Cross-Respondent

By Second cross-claim

newnham trucking pty ltd (acn 006 149 444)

third cross-claimant

AUSTRALIA PACIFIC TRADING PTY LTD (ACN 070 889 918)

fifth cross-respondent

By third Cross-Claim

JUDGE: SPENDER J

DATE OF ORDER: 10 june 1998

WHERE MADE: BRISBANE

THE COURT DECLARES THAT:

The preliminary question;"Did the terms of the agreement reached on 6 August 1997 settle all claims and cross-claims between the parties", be answered in the affirmative. THE COURT ORDERS THAT: Australia Pacific Trading Pty Ltd pay the third and fourth cross-respondents' costs of the preliminary question, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.