FEDERAL COURT OF AUSTRALIA

Dialog Pty Ltd v Addease Pty Ltd

[2003] FCA 1359

CORRIGENDUM

DIALOG PTY LTD ACN 010 089 175 v ADDEASE PTY LTD ACN 007 212 768, AND GEORGE MICHAEL MIHAILIDES

Q235 OF 2001

COOPER J

BRISBANE (HEARD IN BRISBANE AND MELBOURNE)

26 NOVEMBER 2003

In the judgment of Justice Cooper delivered 26 November 2003, the entire minutes of order are to be deleted, and replaced with the following minutes of order:

ON THE APPLICANT’S CLAIM THE COURT ORDERS THAT:

1.         The claim against the respondents be dismissed and judgment be entered in favour of the respondents.

2.         The applicant pay the respondents their costs of and incidental to the claim, including reserved costs if any, to be taxed if not agreed and that the costs up to and including 18 November 2002 be taxed on a party and party basis and thereafter on an indemnity basis.

ON THE CROSS-CLAIM THE COURT DECLARES THAT:

3.         The cross-respondent is indebted to the first cross-claimant in the sum of $279 816.36 in respect of the claims made in paras 22, 23 and 26 of the Cross-claim.

4.         The cross-respondent is entitled to set off against such indebtedness credits due to it by the first cross-claimant in the sum of $98 813.35.

5.         The first cross-claimant is entitled to payment of commission by the cross-respondent under cl 2 of the Commission Agreement of 22 December 1999.

6.         The second cross-claimant is presently entitled to be paid the sum of $300 000 under a Contract of Employment of 22 December 1999 between the second cross-claimant and the cross-respondent and is entitled to payment of a further sum of $150 000 under the said Contract of Employment which further sum falls due for payment to the second cross-respondent on 1 December 2003.

ON THE CROSS-CLAIM THE COURT ORDERS THAT:

7.         Judgment be entered in favour of the first cross-claimant against the cross-respondent in the sum of $181 003.01 being the balance due in favour of the first cross-claimant after set off of credits due together with statutory interest in the sum of $70,668.

8.         All necessary enquiries and accounts be taken by the Queensland District Registrar as to the commission due under cl 2 of the Commission Agreement of 22 December 1999 in respect of licence and maintenance fees as defined by cl 1(d) at the rates provided in cl 1(b) of that agreement; and that upon the striking of such an account, judgment be entered in favour the first cross-claimant against the cross-respondent in such amount as is found due and owing. 

9.         Judgment be entered in favour of the second cross-claimant in an amount of $300 000 as money due and owing under the Contract of Employment of 22 December 1999 between the second cross-claimant and the cross-respondent together with statutory interest in the sum of $44,670.

10.       In default of payment on 1 December 2003 of the sum of $150 000 then falling due and owing by the cross-respondent to the second cross-claimant, judgment be entered in favour of the second cross-claimant against the cross-respondent in the sum of $150 000, proof of such default being made by affidavit of the second cross-claimant’s solicitor.

11.       The cross-respondent pay the first and second cross-claimants costs of and incidental to the cross-claim, including reserved costs if any, to be taxed if not agreed, and that the costs up to and including 18 November 2002 be taxed on a party and party basis and thereafter on an indemnity basis

12.       The above orders are to take effect immediately, except for Orders 7, 9 and 10, which are to take effect from 4.00 pm Tuesday 2 December 2003.

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

Associate:

Dated:              26 November 2003