Southern Cross Foods P/L v Counterpoint Marketing Services Ltd

[1993] FCA 63

JUDGMENT No. ........ ........ .. .... .. .... L a 1'773

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION

No. NG 216 of 1992

BETWEEN:

SOUTHERN CROSS FOODS PTY. LIMITED

m:  COUNTERPOINT MARKETING SERVICES PTY. LIMITED

First Respondent

m:  COUNTERPOINT MARKETING SERVICES fVICTORIAl
PTY. LIMITED

Second Respondent

m:  COUNTERPOINT MARKETING SERVICES fW.A.) PTY. LIMITED

Third Respondent

. ~. * . -

m: COUNTERPOINT MARKETING SERVICES ITASMANIA) PTY.

LIMITED . .

. .-

Fourth Respondent

m:  COUNTERPOINT MARKETING SERVICES IS.A.I PTY. LIMITED

Fifth Respondent

m:  COUNTERPOINT MARKETING SERVICES (OLD.) PTY. LIMITED

Sixth Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER:  Cooper J .

WHERE WADE:	Brisbane
DATE OF ORDER:	4 February, 1993
THE COURT ORDERS :-

l. That judgment be entered against the applicant/ cross-claimant in respect of the cross-clajm f i l e d - - - - - - - - - - - - -

.

by the first, second, third, fourth, fifth and sixth
respondents/cross-applicants on 15 June, 1992 in the

sum of $52,000.00.

2.        That the applicant/cross-respondent pay the

respondents/cross-claimants' costs of and incidental

to the action and cross claim to be taxed including the costs of and incidental to the notice of motion and the entry of judgment pursuant to this order.

Settlement and entry of orders is dealt with in
Order 36 of the?;Federal Court Rules. -I I

IN THE FEDERAL COURT OF AUSTRALIA

-	QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION

No. NG 216 of 1992

BETWEEN:

SOUTHERN CROSS FOODS PTY. LIMITED

Ap~licant

m:  COUNTERPOINT MARKETING SERVICES PTY. LIMITED

First Respondent

m:  COUNTERPOINT MARKETING SERVICES (VICTORIA)
PTY. LIMITED

Second Res~ondent

AJQ:  COUNTERPOINT MARKETING SERVICES (W.A.) PTY. LIMITED

Third Res~ondent

AJQ:	COUNTERPOINT MARKETING SERVICES (TASMANIA) 'PTY.	. .
LIMITED

Fourth Respondent

AJQ:  COUNTERPOINT MARKETING SERVICES (S.A.) PTY. LIMITED

~ifth Respondent

m:  COUNTERPOINT MARKETING SERVICES (OLD.) PTY. LIMITED

Sixth Respondent

CORM:  Cooper J.

PLACE	:	Brisbane
W:	4 February, 1993

EXTEMPORE REASONS FOR JUDGMENT

In this matter, on 7 October, 1992 his Honour Mr. Justice Spender made orders in favour of the applicants on the notice of motion whereby it was ordered that Southern Cross Foodds Pty. Limited, the applicant to the principal application and cross-respondent, pay to the respondent/ cross-claimants the sum of $52,000.00 inclusive of costs in full and final satisfaction of the respondent/cross-claimants' claim filed on 15 June, 1992. That sum was to be paid on or before 16 October, 1992.

By the terms of his Honour's order, his Honour provided that if no less than $20,000.00 was paid by 16 October, then the balance unpaid should not fall due for payment until 16 November, 1992 and that the applicant/cross- respondent would be liable to pay interest thereon at the rate of 15 per cent per annum. The respondent/cross-claimants were then at liberty on 16 November, if they had not received the balance due plus interest accrued, to enter judgment for the balance outstanding of the sum of $52,000.00 plus the interest remaining unpaid as at 16 November, plus costs.

His Honour further provided that if an amount of

less than $20,000.00 was paid by 16 October, 1992 the

respondent/cross-claimants were at liberty to enter judgment

forthwith for the sum of $52,000.00 less any amount so paid by the applicant/cross-respondent, together with the costs of and

provided that an affidavit of the solicitors for the	incidental to the action to be taxed. His Honour also
respondent/cross-claimants as to the non-payment of the monies
ordered to be paid would be sufficient proof of non-payment.
I have before me two affidavits of Mr. Stitt, the solicitor for the applicants on the notice of motion wherein he deposes that no sums of money have been paid pursuant to the order at all and that remains true as at the date of this

judgment.

In all the circumstances, I am satisfied that the applicants on the notice of motion are entitled to judgment in the sum of $52,000.00. However, I am not satisfied that they are entitled to any interest in terms of the order made by his Honour Mr. Justice Spender.

THE COURT ORDERS :-

l. That judgment be entered against the applicant/ cross-claimant in respect of .the cross-claim filed by the first, second, th~rd, fourth, fifth and sixth

respondents/cross-applicants on 15 June, 1992 in the

sum of $52,000.00.
That the applicant/cross-respondent pay the

respondents/cross-claimants' costs of and incidental

to the action and cross claim to be taxed including the costs of and incidental to the notice of motion and the entry of judgment pursuant to this order.

preceding pages are a true copy of the I certify that this and the two (2)

reasons for judgment herein of the
Honourable Mr. Justice Cooper.

Date: 22 February, 1993.

L I l l ,,\, , < L L L I L L Z

Associate

Solicitors for the Applicant:	Mr. D. Stitt of Jones & Co.
Solicitors for the Respondent:	Mr. D. Tucker of Clarke & Kann
Hearing Date:	4 February, 1993