Federal Court of Australia
a Lis JUDGMENT No. wt! Sp SF
Practice and procedure - application to strike out paragraphs of
statement of claim - whether pleading has tendency to cause prejudice embarrassment or delav - whether pleading prolix - whether material facts or evidence pleaded - allegations of
unconscionable conduct. duress and fiduciary relationship -
disclosure of reasonable cause of action
Trade Practices Act 1974 s.52 Federal Court Rules 0.11 rl, 0.11 r.16, 0.13 r.3
KINGSLEY FREDERICK DAVID JAMES, JILL MAXINE JAMES, DAVID MAXWELL JAMES, PETER NORMAN JAMES, ANGUS KINGSLEY JAMES AND YALLAMBEE PTY LTD v. AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED, MARKET SECURITIES AND JOHN WELLS
No. WA G106 of 1984
TOOHEY J. PERTH 5 DECEMBER 1984
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we
et
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
JUDGE MAKING ORDER
DATE _ OF ORDER
No. WA G1l06 of 1984
~~ ern
BETWEEN:
KINGSLEY FREDERICK DAVID JAMES, JILL MAXINE JAMES, DAVID MAXWELL JAMES, PETER NORMAN JAMES, ANGUS KINGSLEY JAMES AND YALLAMBEE PTY LTD
Applicants
and
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
First Respondent and MARKET SECURITIES
Second Respondent and
JOHN WELLS
Third Respondent
oO R OD _ E R
Toohey J. 5 December 1984
WHERE MADE Perth THE COURT ORDERS THAT: 1. Paragraphs 5, 10 (as to the second sentence), 22 and 30
(as to the particulars therein) of the statement of
claim be struck out.
ae nw cee
cheno tieceniad: enemmamatien anaatenien mm
The applicants
have leave to file and serve an amended
statement of claim within 14 days.
The applicants
motion.
pay the first respondent's costs of the
el
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G106 of 1984
weer
BETWEEN:
KINGSLEY FREDERICK DAVID JAMES, JILL MAXINE JAMES, DAVID MAXWELL JAMES, PETER
NORMAN JAMES, ANGUS KINGSLEY JAMES AND YALLAMBER PTY LTD
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