Textile Clothing and Footwear Union of Australia v Deanones Pty Ltd (ACN 074 977 825)

[2008] FCA 338

FEDERAL COURT OF AUSTRALIA

Textile Clothing and Footwear Union of Australia v Deanones Pty Ltd (ACN 074 977 825) [2008] FCA 338

TEXTILE CLOTHING AND FOOTWEAR UNION OF AUSTRALIA v DEANONES PTY LTD (ACN 074 977 825)
VID 205 OF 2006

NORTH J
4 FEBRUARY 2008
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 205 OF 2006

BETWEEN:	TEXTILE CLOTHING AND FOOTWEAR UNION OF AUSTRALIA Applicant
AND:	DEANONES PTY LTD (ACN 074 977 825) Respondent

JUDGE:	NORTH J
DATE OF ORDER:	4 FEBRUARY 2008
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The respondent is to pay the applicant the amount of $6000.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 205 OF 2006

BETWEEN:	TEXTILE CLOTHING AND FOOTWEAR UNION OF AUSTRALIA Applicant
AND:	DEANONES PTY LTD (ACN 074 977 825) Respondent

JUDGE:	NORTH J
DATE:	4 FEBRUARY 2008
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. In this matter, the applicant, the Textile Clothing and Footwear Union of Australia, seeks judgment against the respondent, Deanones Pty Ltd, for the amount owing under a written agreement in settlement of the application. 

2. Clause 6 of the settlement agreement provided that the respondent would pay to the applicant $8000.  Clause 7 provided that payment was to be made in four instalments of $2000 each.

3. Mr Nguyen appeared on behalf of the respondent by leave granted by the Court.  Mr Nguyen is the sole director of the respondent.  He agreed that he had signed the agreement on behalf of the respondent, and that the respondent had paid the first instalment under the agreement.  He also accepted that the respondent had failed to pay the remaining three instalments.  They were due respectively on 20 April 2006, 10 May 2006 and 30 May 2006.  Mr Nguyen accepts that the amount of $6000 is still outstanding under the agreement. 

4. Clause 9 of the agreement provided for default.  It permitted the applicant to enter judgment for the amount of the agreed sum as a debt owing.  There will be judgment against the respondent for the sum of $6000 as a result of its default under the terms of the agreement.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North.

Associate:

Dated:       14 March 2008

Appearing for the Applicant:	Mr C Haan (Solicitor)
Solicitor for the Applicant:	Slater & Gordon
Appearing for the Respondent:	Mr Nguyen (as Director for the Respondent Company)
Date of Hearing:	4 February 2008
Date of Judgment:	4 February 2008