Federal Court of Australia
Trade EFractices - Fractics and Frocedureé - Apolication to strike cut statement of claim - whether statement cf clazrm disclosed reasonable cause of action - whether pleading embarrassing -
misleading or deceptive conduct - Federal Court Rules Order 11
Rule 16 - Trade Practices Act 1974 5.52.
Trade Practices Act 1974 s.4(2): s.52 Federal Court Rules Order 11 Rule 16
Cases:
Dey v. Victorian Railways Commissioners (1949) 78 CLR 62
General Steel Industries Inc. v. Commissioner for Railways (NSW) and Others (1964) 112 CLR 125
Bruce v. Odhams Press Ltd (1936) 1KB 697
Metropolitan Coal Consumers Association: Karberg's Case £18921 3 Ch.l
Brown and Another v. Jam Factory Pty Ltd and Another (1981) 35 ALR Knowles v. Roberts (1888) 38 Ch.D. 263 at 273
AUSTRASIN PTY LTD, IRY PTY LTD, JULIET POH PUAY CHAN, CHIN CHOO CHAN, CHEE WAY SIAH and RUTH LOCKE and PAUL and LEONTE KRISTENSEN v. STRATLOCK LIMITED and ATTEST PTY LTD and ROBERT STANLEY BROWN
No. WA Gill of 1986
MUIRHEAD J. PERTH
23RD APRIL 1986
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
No. WA Gll of 1986
BETWEEN:
AUSTRASIN PTY LTD, IRY PTY LTD, JULIET POH PUAY CHAN, CHIN CHOO CHAN, CHEE WAY STAH and RUTH LOCKE
First Applicants and
PAUL and LEONIE KRISTENSEN
Second Applicants and
STRATLOCK LIMITED
First Respondent and ATTEST PTY LTD
Second Respondent
and ROBERT STANLEY BROWN Third Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: MUIRHEAD J. DATE OF ORDER: 23rd April 1986
WHERE MADE: Perth
THE COURT ORDERS THAT:
1. The application to strike out the statement of claim be
dismissed.
Paitin One atone et
The first respondent pay the applicants' costs of
incidental to this application.
Liberty to the parties to apply.
Note: Settlement and entry of orders is dealt with Order 36 of the Federal Court Rules.
and
in
IN THE FEDERAL COURT OF AUSTRALIA
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