Justice Hears A Primrose Tale Of Missing Cloth
The Age
Wednesday January 28, 1998
LADY Potter, the managing director of her textile interests Alfred Zion, and a company doctor appear to have enjoyed a satisfactory outcome from litigation pursued over the holiday season in the Supreme Court.
Just before Christmas, Lady Potter's Primrose Textiles and Keptex Pty Ltd - under the control of receiver Leon Lumsden - sued Digby Franklin Crowther, Glenferrie Investments Pty Ltd and Naomi Kimberley O'Hara - the last named allegedly the owner of the business name Fab Fabrics.
(Keptex - formerly known as Crowther Textiles Pty Ltd - went into receivership on 27 May last year and its business and assets were sold to interests associated with Lady Potter. Keptex's directors included Digby Crowther.)
The latest legal action followed an earlier proceeding where Keptex sued Crowther and Glenferrie seeking the return of fabric, allegedly the property of Keptex.
After the earlier action started, Crowther returned a quantity of fabric to Keptex and represented that he had returned all the fabric claimed in that proceeding and that he had no knowledge of any missing fabric.
In the latest proceeding, Primrose and Keptex claimed that that representation was false and they sought the delivery of such fabric, damages and costs.
An affidavit lodged with the court by one of Alfred Zion's lieutenants stated that in early December a complaint was made by a Frankston retailer - a client of Primrose - alleging that a business named Fab Fabrics was selling Primrose's exclusive fabrics from a shop in Frankston.
"The bulk of the fabric in the store is exclusively manufactured for the plaintiff and there is no record of this fabric being sold to Fab Fabrics," the affidavit stated.
Meanwhile, the parties have reached a settlement which included that Crowther, O'Hara and Glenferrie deliver up to Primrose all remaining fabric owned by them pursuant to the terms of settlement.
Also agreed was that Crowther, O'Hara and Glenferrie pay Primrose and Keptex's costs.
Further, Crowther and O'Hara appeared before Justice Beach and gave undertakings that they did not have in their possession any fabric belonging to Keptex or Primrose, they did not have a specified Ascentia computer in their possession and that they would deliver up to Primrose any fabric belonging to Keptex or Primrose that came into their possession.
"Do you fully understand the undertakings?" Justice Beach asked them. They replied: "Yes."
The learned judge said that a very severe penalty would be imposed for any breach.
© 1998 The Age