Jospin P/L v Copulos Venture Capital P/L

[1994] FCA 127

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 Rosenberg
Solicitors for applicants:	Goulopoulos Shiels and Mangopoulos
Counsel for respondents:	Mr P J OfCallaghan QC
with Mr D Collins
Solicitors for respondents:	Riordan & Partners