Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lewarne v Momentum Productions Pty Ltd [2007] FCA 1530
PRACTICE AND PROCEDURE – final orders – declarations – declarations not necessary - clear findings on matters subject of proposed declarations TRADE PRACTICES – misleading and deceptive conduct - remedies – orders under s 87 Trade Practices Act 1974 (Cth) and s 72 Fair Trading Act 1987 (NSW) – distribution of assets of partnership – proposal to allow successful applicant to retain any profits of partnership entered into as a result of contravening conduct PRACTICE AND PROCEDURE – costs – Calderbank offer – necessity to look at circumstances surrounding offer – refusal of offers before and after issues in case had crystallised
Corporations Act 2001 (Cth) s 420 Federal Court of Australia Act 1976 (Cth) ss 21, 52 Trade Practices Act 1974 (Cth) ss 52, 82, 87 Fair Trading Act 1987 (NSW) ss 42, 72 Partnership Act 1892 (NSW) ss 26, 44
Australian Competition and Consumer Commission v Global Prepaid Communications Pty Ltd (in liquidation) (No 2)(2006) ATPR ¶42-104 discussed Byers v Dorotea Pty Ltd (1986) 69 ALR 715 applied Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 applied I & L Securities Pty Limited v HTW Valuers (Brisbane) Pty Limited (2002) 210 CLR 109 applied Lewarne v Momentum Productions Pty Ltd [2007] FCA 1136 applied RICHARD JOHN LEWARNE v MOMENTUM PRODUCTIONS PTY LTD AND RICHARD JAMES SCOTTS NSD1985 OF 2005
STONE J
9 OCTOBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1985 OF 2005
BETWEEN: RICHARD JOHN LEWARNE
Applicant
AND: MOMENTUM PRODUCTIONS PTY LTD
First Respondent
RICHARD JAMES SCOTTS
Second Respondent
JUDGE: STONE J DATE OF ORDER: 9 OCTOBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS AND DECLARES THAT:
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