Federal Court of Australia
NB : NOT APPROPRIATE FOR REPORTING OR FOR GENERAL CIRCULATION
Trade Practices - breach of contract ana negligence alleged - federal and non-frederali aspects - non-federal claim substantive - federal claim trivial - wnether
striking out of statement of claim appropriate
Trade Practices Act 1974 (Cth) ss.52, 53, 71, 72, 74
Fencott v Muller (1983) 46 ALR 41
Stack v Coast Securities (No.9) Pty Ltd (1983) 49 ALR JOHN JAMES HERBERT v ACTIVE LEISURE (AUSTRALIA) PTY MITED
ic Ki
No. NSW G.240 of 1984
Davies, uo
9 October 1984
Canberra
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) No.
GENERAL DIVISION
JUDGE MAKING ORDER
DATE _OF ORDER WHERE MADE
ORDER
)
) )
Davies, J 24 September 1984 Sydney
1. The statement of struck out.
2. The applicant respondent's motion.
G.240 of 1984
BETWEEN JOHN JAMES HERBERT Applicant AND : ACTIVE LEISURE 'AUSTRAZLIA) PTY LIMITED Respondent ORDER
snalil pay tne costs i
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G.240 of 1984 )
GENERAL DIVISION )
BETWEEN 3 JOHN JAMES HERBERT Applicant AND : ACTIVE LEZTSURE (AUSTRALIA)
PTY LIMITED
Responaent
ORDER JUDGE MAKING ORDER : Davies, J DATE OF ORDER 3 9 October 1984 WHERE MADE : Canberra CRDER : By consent
(1) The applicant shall fiie and serve an amendec statement of claim on or fHefore 23 Octoper
1984; (2) Save as to (a), the rroceedings are staved until further oraer
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G.240 of 1984
GENERAL DIVISION
BETWEEN 3 JOHN JAMES HERBERT
Applicant
AND : ACTIVE LEISURE (AUSTRALTA) PTY L=MITED
Resroncent
REASONS FOR JUDGMENT (ex tempore)
CORAM : Davies, J
24 Sepntember 1984
I do not think any purpose would be served by reserving mv decision. I am of the view that the non-federal aspects of the matter should be struck from the statement of claim ana, consequent thereon, that the wnole statement of cia:im as presently pleaded should be struck out. Iwill discuss witn
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