Federal Court of Australia
Dart v Norwich Union Life Australia Limited [2002] FCAFC 34 Dart v Norwich Union Life Australia Limited [2002] FCA 168
NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.
* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.
* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.
FEDERAL COURT OF AUSTRALIA
Dart v Norwich Union Life Australia Limited [2002] FCA 168 PRACTICE & PROCEDURE – order dismissing proceeding – whether pleadings disclose reasonable cause of action – whether frivolous or vexatious – whether abuse of process – where multiple opportunities to replead. Federal Court Rules O 20 r 2 Little v State of Victoria [1998] 4 VR 596 referred to Wickstead v Browne (1991) 30 NSWLR 1 referred to Johnson Tiles Pty Ltd v Esso Australia Ltd [2000] FCA 1572 referred to Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 referred to Chan v Cresdon Pty Ltd (1989) 168 CLR 242 referred to Dare v Pulham (1982) 148 CLR 658 referred to National Mutual Property Services (Australia) Pty Ltd v Citibank Savings Ltd (1995) 132 ALR 514 referred to Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438 referred to General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 referred to Walton v Gardiner (1993) 112 ALR 289 referred to Munnings v Australian Government Solicitor (1994) 120 ALR 586 referred to Meagher, Gummow and Lehane, Equity: Doctrines and Remedies (3rd ed) Parkinson (ed), The Principles of Equity AIJA, Litigants in Person Management Plans: Issues for Courts and Tribunals (2001) SYDNEY RONALD DART, SHIRLEY NORMA DART, FREDERICK WILLIAM DART v NORWICH UNION LIFE AUSTRALIA LIMITED, VYNOTAS PTY LTD, JONES LANG LASALLE (QLD) PTY LIMITED, ROBERTS NEHMER McKEE (A FIRM) Q205 of 2001 BEAUMONT, FINN & SUNDBERG JJ SYDNEY (HEARD IN BRISBANE) 1 MARCH 2002
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