Mount Lyell Mining v Roxon Corporation Oy

[1994] FCA 856

8 ~ 6 , 9't

JUDGMENT NO. ... ..--- ----.

NOT FOR DISTRIBUTION

FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES REGISTRY	NG 503 of 1994
GENERAL DIVISION

BETWEEN:

MOUNT LYELL MINING

Applicant

AND :

ROXON

Respondent

cow:	SACKVILLE J.
PLACE :	SYDNEY  16 NOV 1994
DATE :	11 NOVEMBER 1994  FEDERAL COURT OF

AUSTRALIA

PRINCIPAL REQISTRV

REASONS F0 R JUDGMENT

HIS HONOUR: I note that the undertaking as to damages has been proffered and the orders will be made on the basis of that undertaking.

RECORDED : NOT TRANSCRIBED

Mr Pembroke to deal with this matter at 2.15 pm today. He has	now done so. He has drawn my attention to the letter of 25 March
1987 which is annexure A to the affidavit of Mr Carr-Gregg.
He has also drawn my attention specifically to the letter of 6 May 1987 from Select Engineering Services Pty Limited to Mount Lyell which had been tendered by Mr Pembroke and was exhibit A. He has also tendered two further documents which are referred to in the particulars in the amended statement of claim. These are letters respectively of 15 August 1986 and 15 July 1987. While these are letters from Select Engineering Services Pty Limited to Mount Lyell, they do include documentation that appears to emanate from Finland and to involve representations made by or on behalf of the first respondent.
In those circumstances, the query that I raised at pages 12 to
13 of the reasons for judgment I consider to have been satisfied
for the purposes of this e x p a r t e application. Accordingly there is no need for me to alter the orders that I made yesterday, 10 November 1994.

In the reasons for judgment that I have just handed down, I indicated at pages 12 to 13 that it was not clear to me from the material in M r Carr-Gregg's affidavit that evidence had been adduced of the representations that were alleged to have been made by or on behalf of the first respondent that were said to induce the applicant to have purchased the machine that is the subject of these proceedings. I indicated that I would invite

I certify that this and the preceding 1 page

are a true copy of the Reasons for Judgment

of the Honourable Justice Sackville.

Associate: &*-A

Dated: 16 November, 1994

Heard:	11 November, 1994
Place:	Sydney
Decision:	11 November, 1994
Appearances:	Mr M Pembroke and Mr T Davie, instructed by Allen, Allen & Hemsley, Solicitors, appeared on behalf of the applicant.