Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Avzur Hotels Pty Ltd v Ivanhoe Entertainment Pty Ltd [2009] FCA 701 CONTRACTS – contract for sale of business – contract containing a nomination clause – effect of
Commissioner of State Revenue v Politis [2004] VSC 126 Harry v Fidelity Nominees Pty Ltd (1985) 41 SASR 458 Lambly v Silk Pemberton Ltd [1976] 2 NZLR 427 Salter v Gilbertson (2003) 6 VR 466 Tonelli v Komirra Pty Ltd [1972] VR 737 AVZUR HOTELS PTY LTD v IVANHOE ENTERTAINMENT PTY LTD, MARIO NICHOLAS SCERRI, JOHN WILLIAM WEEKLEY and JOSEPH SCERRI
VID 1026 of 2008
FINKELSTEIN J
30 JUNE 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1026 of 2008
BETWEEN: AVZUR HOTELS PTY LTD
Applicant
AND: IVANHOE ENTERTAINMENT PTY LTD,
MARIO NICHOLAS SCERRI,
JOHN WILLIAM WEEKLEY and
JOSEPH SCERRI
Respondents
JUDGE: FINKELSTEIN J
DATE OF ORDER: 30 JUNE 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The question stated under O 29 of the Federal Court Rules 1979 (Cth) be answered as follows: Question: "Does Avzur Hotels Pty Ltd have standing to bring an action against Ivanhoe Entertainment Pty Ltd, Mario Scerri and John William Weekley for breach of the sale of business agreement dated 23 February 2007 between Ivanhoe Entertainment Pty Ltd, Taylor McKay Pty Ltd, Mario Scerri and John William Weekley?" Answer: "Yes". 2. The first, second and third respondents pay the applicant's costs of the reserved question, such costs to be taxed in default of agreement.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1026 of 2008
BETWEEN: AVZUR HOTELS PTY LTD
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