Hughes, A.G.J. & Ors v Klockner-Moeller Pty Ltd & Ors [1986] FCA 597

St, "LIMITED DISTRIBUTION" sq

IN THE FEDERAL COURT OF AUSTRALIA

} ) VICTORIA DISTRICT REGISTRY ) V. Nos. ) !

G17S5, i76 & 177 GE 1996 GENERAL DIVISTON BETWEEN : ALLAN GEOFFROI JULIAN HUGHES and OTHERS Applicants and KLOCKNER-MOELLER PIY. LTD. and OTHERS Respondents

COURT: NORTHROP J. DATE: ll DECEMBER 1986

PLACE: MELBOURNE

MINUTES OF ORDER

THE COURT ORDERS THAT: -

1. The statement of claim be struck out.

2. The respondents have leave to move the Court on notice for leave to file and serve an amended statement of

claim; any such motion to be made returnable before the Court at the next directions hearing.

3. The directions hearing be adjourned to Thursday, 5 February 1987 at 10.15 a.m.

4, The motion for consolidation be adiourned to the next directions hearing.

5s. The applicants to pay the respondents' costs of the motions ts data.

Rules of Court.)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY Ve. Nos. G 175, 176 & 177

of 1996 GENERAL DIVISION BETWEEN : ALLAN GEOFFROT JULIAN HUGHES and OTHERS Applicants and KLOCKNER-MOELLER PTY. LTD. and OTHERS Respondents

COURT: NORTHROP J. DATE: 11 DECEMBER 1986

PLACE: MELBOURNE

REASONS FOR JUDGMENT

Important issues are raised by motion in these three proceedings relating to whether a corporation under the

Trade Practices Act 1974 ("the Act"), in trade or commerce,

engages im conduct that 15 misleading or deceptive or is likely to mislead or deceive when negotiating conditions of employment with prospective employees or with employees. Three former employees have each commenced proceedings in the Court against their former employer seeking relief based ona contravention of 3.52 of the Act and relief upon the accrued jurisdiction of the Court, based on breach of contract and on tort. In each proceeding, pursuant to 0.20 r.2, the employer

is moving the Court upon notice that each proceeding be