Federal Court of Australia
\AeF
of CATCHWORDS ca
ny Trade Practices Act 1974 - motion to strike out Statement of Claim as no reasonable cause of action disclosed - contract to purchase and sell hotel premises - applicant to proceedings a "shelf company" - meaning of "in trade or commerce" -
relevance of obiects in memorandum of association when
"activities test" fails Fencott and Ors. v. Muller and Anor.
(1983) 57 A.L.J.R. 317 - application for security for costs -
width of discretion Caruso Australia Ptv. Limited v. Portec
(Australia) Pty. Limited (unreported Toohey, J. 30 March 1984).
TRADE PRACTICES ACT 1974 Sections 52 and 82
N.S.W. G. 102 OF 1984
SATNA HOLDINGS PTY. LIMITED v. JOKADE PTY. LIMITED AND ORS.
St. John. J. Sydney spe New 3 October 1984 Med fa pv anced Akash. {Aw
THE COURT ORDERS THAT:
l. The application bv the first and second respondents
to strike out the Statement of Claim is dismissed.
2. The first and second respondents to pay the costs of
the applicant.
3. The applicant is to provide securitv for costs of the first -=nd second respondents in the sum of three thousand dollars ($3,000) and three thousand dollars ($3,000) in respect of the third respondent's costs; both sums pavable at least twenty-eight (28) davs
before the date fixed for hearing.
4. The costs of the motion for securitv of costs are
reserved.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. 102 of 1984
GENERAL DIVISION
BETWEEN: SATNA HOLDINGS PTY. LIMITED Applicant AND: JOKADE PTY. LIMITED
D: GARY OWEN CROCKETT Second Respondent
AND: COUNCIL OF THE CITY OF THE BLUE MOUNTAINS
Third Respondent
AND: EDWARD McGUCKIN
Fourth Respondent
REASONS FOR JUDGMENT
CORAM: ST. JOHN, J. DATE: WEDNESDAY 3 OCTOBER 1984 PLACE: SYDNEY There are two motions before me. I will deal first
with the motion to strike out the Statement of Claim on the arounds that no resonable cause of action is disclosed
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