IN THE FEDERAL COURT OF AUSTRALIA
) )
VICTORIA DISTRICT REGISTRY
) No VG 66 of 1991 ) GENERAL DIVISION )
BETWEEN: JOSPIN PTY LTD.
JOHN PASIAS and MARY PASIAS
(Applicants)
2 3 MAR 1994 m: FEDERAL COURT OF
AUSTRALIA PRlNClPN REQISTRY
(Respondents)
Judae : Ryan J
Place: Melbourne
Date: 18 March 1994
REASONS FOR JUDGMENT ON CROSS-CLAIM
RYAN J: On 18 February 1994 I gave judgment for the applicants in the sum of $255,641 together with interest in the sum of $135,941 and costs. On that day I published my written reasons for judgment. Those orders, however, did not dispose of the cross claim brought by the respondents against the applicants. I deal with that matter now.
related to tradlng stock and advertising services provided
By their cross-claim the respondents alleged that certain monies were due and payable under the franchise agreement between the applicant, Jospin Pty Ltd, and Ollies Resources Pty Ltd. In the course of evidence, Mr Pasias, the principal of Jospin Pty Ltd conceded that the amount claimed in the $16,367.04 represented outstanding moneys due which were Q
before 24 January 1990. There is no suggestion that the conceded amount payable was affected by the misrepresentations made on behalf of the respondents in the contravention of the
Trade Practices Act for which judgment was pronounced in
favour of the applicants. Accordingly, there must be judgment for the respondents on the cross-claim in the sum of $16,367.04 together with the costs of and incidental to the cross-claim. I would also award interest on the sum of $16,367.04 to the date of judgment calculated in the manner indicated in my reasons of 18 February 1994. I request the parties to make the necessary calculations of interest and submit minutes of orders reflecting these reasons.
I certify that this and preceding page are a true copy of the reasons for judgment of his Honour Mr Justice Ryan
Associate:
Counsel for applicants: Dr C Pannam QC
with Mr R I RosenbergSolicitors for applicants: Goulopoulos Shiels and
MangopoulosCounsel for respondents: Mr P J OfCallaghan QC with Mr D Collins Solicitors for respondents: Riordan & Partners
- AGLC
- Jospin P/L v Copulos Venture Capital P/L [1994] FCA 127
- Case
- [1994] FCA 127
- Decision Date
CaseChat Overview and Summary
The court was required to determine the validity and amount of the cross-claim made by the respondents, Copulos Venture Capital P/L. This included assessing whether the applicants owed the respondents any money under the franchise agreement, and if so, the exact amount that was due and payable. The applicants had conceded that $16,367.04 was owed, but the court had to confirm this amount and determine if any interest was applicable.
In his judgment, Justice Ryan found that the amount of $16,367.04 was indeed due and payable by the applicants to the respondents. The court accepted that this amount was not affected by the misrepresentations made by the respondents, which were the subject of a separate claim for which judgment had already been given in favour of the applicants. Consequently, the court ordered that the respondents were to receive the conceded amount, along with interest calculated according to the previous judgment, and the costs associated with the cross-claim.
The final orders of the court were that Copulos Venture Capital P/L was to be paid the sum of $16,367.04 from Jospin P/L, together with interest and the costs of the cross-claim. The parties were directed to calculate the interest due and submit minutes of orders that reflected the court's reasons.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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