Randjelovic v Threlfall

[2012] FCA 1331

FEDERAL COURT OF AUSTRALIA

Randjelovic v Threlfall [2012] FCA 1331

Citation:

Randjelovic v Threlfall [2012] FCA 1331

Parties:

TEODORA RANDJELOVIC and VESNA KOSTIC v PHILLIP THRELFALL

File number:

VID 661 of 2012

Judges:

DODDS-STREETON J

Date of judgment:

27 November 2012

Catchwords:

PRACTICE AND PROCEDURE – Breach of contract – claims under ss 107 and 108 of Fair Trading Act 1999 (Vic) and s 3 of the Wrongs (Public Contracts) Act 1981 (Vic) – whether Federal Court had jurisdiction – whether applicants should pay costs on indemnity basis

Legislation:

Civil Dispute Resolution Act 2011 (Cth), s 6(1)
Federal Court Rules 2011 (Cth), rr 8.02, 8.05

Fair Trading Act 1999 (Vic), ss 3, 107, 108, 109, 111, 112, 160E, 160F
Wrongs (Public Contracts) Act 1981 (Vic), ss 2, 3

Cases cited:

Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225

Date of hearing:

9 November 2012

Date of publication of reasons:

27 November 2012

Date of last submissions:

9 November 2012

Place:

Melbourne

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

36

Counsel for the Applicants:

The first applicant appeared in person

Counsel for the Respondent:

Mr T McLean

Solicitor for the Respondent:

John Curtain & Associates

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 661 of 2012

BETWEEN:

TEODORA RANDJELOVIC
First Applicant

VESNA KOSTIC
Second Applicant

AND:

PHILLIP THRELFALL
Respondent

JUDGE:	DODDS-STREETON J
DATE OF ORDER:	9 NOVEMBER 2012
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The proceeding be dismissed for want of jurisdiction.

2.The applicants pay the respondent’s costs of the proceeding on an indemnity basis.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011 (Cth)

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 661 of 2012

BETWEEN:

TEODORA RANDJELOVIC
First Applicant

VESNA KOSTIC
Second Applicant

AND:

PHILLIP THRELFALL
Respondent

JUDGE:	DODDS-STREETON J
DATE:	27 NOVEMBER 2012
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

INTRODUCTION

1. On 9 November 2012, I made the orders set out above and gave brief reasons which are amplified as set out below.

2. By an originating application dated 12 September 2012, the applicants, Teodora Randjelovic and Vesna Kostic, alleged that the respondent, “Phillip Threlfall, audio engineer/producer of The Base Recording Studios committed a breach of contract knowingly and with unconscionable conduct against the applicants”.

3. The applicants sought relief in the form of “damages under the Fair Trading Act 1999 (Vic), s 107 and s 108 and the Victorian consolidated legislation Wrongs (Public Contracts) Act 1981 (Vic), SECT 3”.

4. The applicants also sought “a claim for costs in the form of damages to the amount of $7,000 net”.

5. At the first directions hearing, Ms Randjelovic, the first applicant, who was not legally qualified, appeared in person.

6. Counsel for the respondent submitted that the proceeding should be dismissed because the Court lacked jurisdiction to entertain the applicants’ claim.  The respondent relied on written submissions dated 8 November 2012.

7. The originating application was not accompanied by a statement of claim, as required by r…