Hello there! I may be of some assistance.
Perhaps your spelling of 'Shepperd' is incorrect? I could only find
reference to the following case in the supreme court of Victoria:
Shepherd v. National Mutual Life Association of Australasia v.
Broadley & Associates (unreported, 15/11/94). Obviously, I don't know
what decision was made so I cannot say whether they had any judgements
against them, but I assume defence had to take place!
Judge J. Hedigan ruled in this case, and although I cannot get the
report of the case you are after, the same judge, in the following
case, made a reference to the report you may be interested in:
JUDGE: HEDIGAN, J.
WHERE HELD: Melbourne
DATE OF HEARING: 8 December 2000
DATE OF RULING: 8 December 2000
CASE MAY BE CITED AS: MacLaw No. 469 P/L & Anor v. Ilana Accessories
P/L & Ors
The search was performed on the Australian Legal Information
Institute Site (AustLII Databases: http://www.austlii.edu.au ),
searching only Victorian cases for "Broadley"; the URL to the result
page is:
http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/vic/VSC/2000/563.html?query=%22broadley%22
The portion of this report you may find useful is that His Honour
reported (point 14) the following:
"Both plaintiffs and the first defendant, I think, accept the
pronouncement of principle that has been made in a number of cases.
---[abridged by spcbbas-ga]--- . I have considered those principles in
two decisions of my own, one of which has been referred to by the
plaintiffs in their submissions, that is, Shepherd v. National Mutual
Life Association of Australasia v. Broadley & Associates (unreported,
15/11/94) and a later decision of my own in Bendigo Bank Ltd v. Russo
and Reichman (unreported, 27 October 1997) in which I acknowledged the
general principles as outlined by Sheppard J. in Colgate Palmolive."
(MacLaw No. 469 P/L & Anor v. Ilana Accessories P/L & Ors).
His honour reports here that one of the submissions of the plaintiffs
referred to the case you are interested in. The 1st & 2nd Plaintiffs
were represented by Mr J. Bolton (Counsel) and Frederick Owen
(Solicitor). These may be your next points of contact for further
assistance, or direction to finding reports of this case.
Hope this helps! Good luck. |