Federal Court of Australia
TaTrade Practices - statement made by bank reqarding financial
capacity of customer - whether conduct in trade or commerce - no
allegation that any member of the public, in the capacity of
consumer, had been mislead - whether reasonable cause of action disclosed - velevance of fact that information provided gratuitously - security for costs - matters to be taken into account
Trade Practices Act 1974 3.52
Federal Court of Australia Act 1976 s.56 Judiciary Act 1903 s.79
Companies Code (W.A.) s.533 Federal Court Rules 0.20 r.2, 0.29 r.2
MENHADEN PTY. LTD. v. CITIBANK N.A.
WO. WA G25 OF 1984
TOOHEY J.
PERTH 12 JULY 1984
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G25 of 1984
Sd
BETWEEN: MENHADEN PTY. LTD. Applicant and CITIBANK N.A.
Respondent
oO R D _ E R
JUDGE MAKING ORDER : Toohey J. DATE OF ORDER 2 12 July 1984 WHERE MADE : Perth
THE COURT ORDERS THAT:
The respondent's motion that the application be dismissed for want of jurisdiction or for
failing to disclose a cause of action he
dismissed.
The applicant give security in the amount of $12,000 for the costs of the respondent of and incidental to these proceedings, in a form to be agreed by the parties, in default of
agreement, to be determined by the Court.
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Further proceedings on the applicant's claim against the respondent be stayed until
security is provided.
Liberty be reserved to either party to apply
generally upon 7 days notice to the other
party.
All questions of costs be reserved.
©
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G25 of 1984
~~ wre
BETWEEN: MENHADEN PTY. LTD. Applicant and
CITIBANK N.A.
Respondent
CORAM: TOOHEY J.
12 JULY 1984 REASONS FOR JUDGMENT
This is a motion to dismiss the applicant's application as failing to disclose a reasonable cause of action. The motion seeks alternative relief (only if the proceeding is not dismissed) that the applicant provide security for costs. It is convenient
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