Francis C Mason Pty Ltd v Citicorp Australia Ltd & Ors [1984] FCA 497

Francis C Mason Pty Ltd v Citicorp Australia Ltd & Ors [1984] FCA 497

The Federal claims were not shown to be genuine, based on inconsistencies between contemporaneous documents and the allegations/evidence of Mr. Mason; therefore, the Court refused the motion for interlocutory restraint of Supreme Court proceedings.

Parties
Applicant: Francis C. Mason Pty. Ltd.; Applicant: Francis Charles Mason; Applicant: Judith Ashley Mason; Respondent: Citicorp Australia Ltd.
Jurisdiction
Australia
Judgment Date
20 November 1984
Procedural Posture
Interlocutory Motion / Interlocutory (motion for Stay)
Outcome
motion refused
Legal Topics
Misleading and Deceptive Conduct, Interlocutory Injunction, Jurisdictional Controversy
Trade Practices Federal Jurisdiction Misleading and Deceptive Conduct Interlocutory Injunction Jurisdictional Controversy

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Parties

Francis C. Mason Pty. Ltd.

Applicant

Francis Charles Mason

Applicant

Judith Ashley Mason

Applicant

Citicorp Australia Ltd.

Respondent

Procedural Posture

Interlocutory Motion / Interlocutory (motion for Stay)

Legal Issues

  1. 1 Whether the Federal claim under s.52 of the Trade Practices Act is genuine and forms a substantial aspect of the controversy
  2. 2 Whether interlocutory orders should be made restraining Citicorp from proceeding in Supreme Court of Victoria proceedings

Ratio Decidendi

The Federal claims were not shown to be genuine, based on inconsistencies between contemporaneous documents and the allegations/evidence of Mr. Mason; therefore, the Court refused the motion for interlocutory restraint of Supreme Court proceedings.

Court Disposition

motion refused

Orders

  • the motion be refused with costs