Geary Nominees Pty Ltd v. Pargas Nominees Pty Ltd & Ors [1986] FCA 281

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Trade Practices - misleading and deceptive conduct - alleged

representations as to profitability of a business - claim for damages under s.82 - appropriate measure of damages - whether loss

or damage suffered within statutory time limit - claim under s.87

~ whether claim subject to limitation per1od in s.82 - pendent common law claims - whether Court has jurisdiction to hear common

law claims where Trade Practices claim statute barred

Practice and Procedure - application to strike out paragraphs of

statement of claim and for dismissal of action as statute barred - whether possible limitation defence sufficient basis for striking

out or dismissal of claim

Trade Practices Act 1974 ss.82, 87 Federal Court Rules 0.11 r.16, 0.20 r.2, 0.42 r.13

GEARY NOMINEES PTY. LTD. v. PARGAS NOMINEES PLY. LTD. and LEONARD KETTH JAMES BRUSH and KENNETH GEORGE COPPIN and SWAN BUSINESS IBROKERS (A Firm) and TERRANCE METTAM

No. WA G43 of 1986

TOOHEY J. PERTH 10 JULY 1986

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IN THE TEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

JUDGE MAKING ORDER: DATE OF ORDER: WHERE MADE:

THE COURT ORDERS THAT:

1.

The motion by the

No. WA G43 of 1986

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BETWEEN:

GEARY NOMINEES PTY. LTD. Applicant

and

PARGAS NOMINEES PTY. LTD. First Respondent

and

LEONARD KEITH JAMES BRUSH Second Respondent

and

KENNETH GEORGE COPPIN Third Respondent