Federal Court of Australia
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Saya. Roy - Trade Practices - misleading and deceptive conduct - claims under
ss.82 and 87 of Trade Practices Act and accrued jurisdiction - allegation against fourth. fifth and sixth respondents of involvement in the contravention in terms of s.75B - whether the
limitation in s.82 applies to persons liable pursuant to s.75B
Practice and Procedure - application for dismissal of s.82 claim
as statute barred - plea of limitation in defence - whether limitation defence sufficient basis for dismissal of proceeding -
need for clear case of abuse of process
Trade Practices Act 1974 ss.75B, 82, 87 Federal Court Rules Q.11 r.16, 0.20 r.2
JOHN BAPTIST NELLA, CLIFFORD SYDNEY BROWN, BARBARA SYBIL BROWN and IAN WIELEIAM BROWN v. KINGIA PTY. LTD. and
IAN DAVID ASPHAR, JPETERWANTHONY McCOMISH and ROBERT WILLIAM WATERS and HILLBOND PTY. LTD. and MAXWELL DODD and
MAURICE HOWARD EIML and STANLEY RONALD LAYTON and
KINGIA PTY. LTD. and HELLDODD PTY. LTD.
No. WA G18 of 1983
TOOHEY J. PERTH 10 JULY 1986
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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
No. WA G18 of 1983
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BETWEEN:
JOHN BAPTIST NELLA, CLIFFORD SYDNEY
BROWN, BARBARA SYBIL BROWN and IAN WILLIAM BROWN
Applicants and
KINGIA PTY. LTD. First Respondent
and
IAN DAVID ASPHAR, PETER ANTHONY McCOMISH and ROBERT WILLIAM WATERS Second Respondents
and
HILLDODD PTY. LTD. Third Respondent
and
MAXWELL DODD Fourth Respondent
and
MAURICE HOWARD HILL Fifth Respondent
and
STANLEY RONALD LAYTON Sixth Respondent
and
KINGIA PTY. LID. Cross Claimant
and
HILLDODD PTY. LTD. Cross-Respondent
tu
MINUTE OF ORDER
JUDGE MAKING ORDER: TOOHEY J.
DATE OF ORDER:
WHERE MADE: Perth
1. The motion by the fourth. fifth and sixth respondents
11 June 1986 be dismissed.
2. The costs of the motion be the
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