FEDERAL COURT OF AUSTRALIA
Reid v Interarch Australia Pty Limited (ACN 069 490 795) [2000] FCA 1328
PRACTICE AND PROCEDURE – motion for summary judgment seeking to enforce settlement agreement after default on payment under settlement deed - whether fresh proceedings should be instituted – whether substantial matters in controversy are involved beyond the ambit of the proceedings as originally constituted – whether, in the interests of justice, disposition of the matter on summary application is appropriate
BANKRUPTCY – provable debt - whether the claim against the second respondent should be characterised as arising by reason of a contract or promise – whether the second respondent was precluded from entering the deed of settlement by reason of his bankruptcy - s 82(2) Bankruptcy Act 1958 (Cth) concerns only claims for damages for breach of the bankrupt’s contract or promise, not that of third parties – test is whether the contract or promise constitutes an essential element of the cause of action
Bankruptcy Act 1958 (Cth) ss 58(3), 82(1), 82(2), 134(1)(f), 153A
Federal Court of Australia Act 1976 (Cth) ss 51A, 52
Trade Practices Act 1974 (Cth) ss 52, 75B, 82Re Alston (1899) 16 WN (NSW) 22 cited
Darling Downs Investments Pty Limited v Ellwood (1988) 18 FCR 510 cited
Phillips v Walsh (1990) 20 NSWLR 206 applied
Victor v Victor [1912] 1 KB 247 cited
Aliferis v Kyriacou [2000] VSCA 123 appliedCATHERINE GAY REID & ANOR v INTERARCH AUSTRALIA PTY LIMITED (ACN 069 490 795) & ANOR
NG 981 OF 1998
HELY J
19 SEPTEMBER 2000
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NG 981 OF 1998
BETWEEN:
CATHERINE GAY REID
FIRST APPLICANTACTIVE CARE PHARMACIES (AUST) PTY LIMITED
(ACN 081 486 222)
SECOND APPLICANTAND:
INTERARCH AUSTRALIA PTY LIMITED
(ACN 069 490 795)
FIRST RESPONDENTGEOFFREY POWELL
SECOND RESPONDENTJUDGE:
HELY J
DATE OF ORDER:
19 SEPTEMBER 2000
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.the proceedings be dismissed, with no order for costs, insofar as claims made by the first applicant are concerned.
2.judgment be entered for the second applicant against the first and second respondents in the sum of $500,000.
3.the first and second respondents pay the second applicant’s costs of these proceedings.
4.the second applicant’s Notice of Motion for summary judgment dated 28 April 2000, and the respondent’s motion for a stay of 8 September 2000, be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NG 981 OF 1998
BETWEEN:
CATHERINE GAY REID
FIRST APPLICANTACTIVE CARE PHARMACIES (AUST) PTY LIMITED
(ACN 081 486 222)
SECOND APPLICANTAND:
INTERARCH AUSTRALIA PTY LIMITED
(ACN 069 490 795)
FIRST RESPONDENTGEOFFREY POWELL
SECOND RESPONDENT
JUDGE:
HELY J
DATE:
19 SEPTEMBER 2000
PLACE:
SYDNEY
REASONS FOR JUDGMENT
These proceedings were instituted by an application filed on 17 September 1998. It is not necessary for consideration to be given to the position…
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- AGLC
- Reid v Interarch Australia Pty Ltd [2000] FCA 1328
- Case
- [2000] FCA 1328
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the second applicant had established a prima facie case for the relief sought and if the second applicant was entitled to summary judgment. The court was required to determine the merits of the claims and whether the second applicant was entitled to the requested relief without a full trial.
The court dismissed the proceedings as far as the first applicant was concerned, finding no order for costs was appropriate. However, the court found in favour of the second applicant, awarding them $500,000 against the first and second respondents. The court held that the second applicant had demonstrated a strong case on the merits, warranting the entry of judgment in their favour. The court also ordered the respondents to pay the second applicant's costs of the proceedings. The motions for summary judgment and a stay were dismissed by the court.
Orders
Orders of the court
1. the proceedings be dismissed, with no order for costs, insofar as claims made by the first applicant are concerned.
2. judgment be entered for the second applicant against the first and second respondents in the sum of $500,000.
3. the first and second respondents pay the second applicant’s costs of these proceedings.
4. the second applicant’s Notice of Motion for summary judgment dated 28 April 2000, and the respondent’s motion for a stay of 8 September 2000, be dismissed.
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
Established by: HELY J
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