Mount Lyell Mining v. Roxon Corporation Oy [1994] FCA 856

Mount Lyell Mining v. Roxon Corporation Oy [1994] FCA 856

For the purposes of the ex parte application, the further material satisfied the Court's query as to evidence of the alleged representations, so there was no need to alter the orders made on 10 November 1994.

Jurisdiction
Australia
Judgment Date
11 November 1994
Procedural Posture
Ex Parte Application / After Reasons for Judgment and Orders Made on 10 November 1994
Outcome
The Court considered the evidentiary query satisfied and did not alter the orders made on 10 November 1994.
Legal Topics
['ex Parte Application' 'undertaking as to Damages' 'representations Inducing Purchase of Machine']
['civil Procedure'] ['ex Parte Application' 'undertaking as to Damages' 'representations Inducing Purchase of Machine']

Case Brief

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Procedural Posture

Ex Parte Application / After Reasons for Judgment and Orders Made on 10 November 1994

Legal Issues

  1. 1 ['Whether the material included evidence of representations alleged to have been made by or on behalf of the respondent and said to have induced the applicant to purchase the machine the subject of the proceedings.']

Ratio Decidendi

For the purposes of the ex parte application, the further material satisfied the Court's query as to evidence of the alleged representations, so there was no need to alter the orders made on 10 November 1994.

Court Disposition

The Court considered the evidentiary query satisfied and did not alter the orders made on 10 November 1994.

Orders

  • ['Orders to be made on the basis of the undertaking as to damages.' 'No alteration to the orders made on 10 November 1994.']