Cook, T.A. & Anor v Rex Building Co. Pty Ltd & Anor [1986] FCA 559

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IN THE FEDERAL COURT OF AUSTRALIA )}

NEW SOUTH ES DISTRI REGISTRY No. G 280 of 1986

GENERAL DIVISION

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a BETWEEN : TREVOR ALWYN COOK and a JANELLE MARGARET COOK Applicants AND: REX BUILDING CO. PTY. LIMITED

First Respondent

WYONG SHIRE COUNCIL

Second Respondent

REASONS FOR JUDGMENT LOCKHART J.

This matter was commenced in this Court on 11 July 1986 by the filing of an application anda statement of claim. The first respondent, Rex Building Co. Pty. Limited, filed today a notice of motion to strike out paragraphs of the amended statement of claim or, in the alternative, for orders that further and better particulars be furnished by the applicant. The second respondent, the Wyong Shire Council, is not before the Court today as it is mot a party to the

motion.

By three letters, two dated in August and one in early September this year, the solicitors for the first respondent sought further and better particulars of certain allegations in the statement

of claim. Particulars were furnished by the solicitors for the

applicants in response to at least the first of those letters, but the first respondent asserts that they were inadequate. As a result the

first respondent filed today's notice of motion.

I have read the amended statement of claim, the notice of motion and the affidavit in support of Karyn Lillian Kinsella sworn on 22 September 1986. The case that is propounded against the respondents is based on alleged contraventions of ss. 52, 53 and 53A of the Trade Practices Act 1974 ("the Act") and is a claim for damages

under s. 82 and other relief under s. 87.

I raised with counsel, particularly counsel for the applicants, the question of this Court's jurisdiction to entertain this case. I have no view on whether the Court has or has not jurisdiction, but I have considerable doubt about it andI base my