Federal Court of Australia
Jucg.ncst NoSS 7 san we
> »"IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) OLD G169 of 1986 GENERAL DIVISION )
BETWEEN: NANCY MARIS STEWART and ADAM HUNTER STEWART
Applicants
AND: GLENPITNEY PTY. LTD.
First Respondent AND: HAROLD KUCKO
Second Respondent
AND: LLOYD JOHN WILLIAMSON Third Respondent
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 2 MARCH 1987 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application of the third respondent made by notice of motion filed on 23 February 1987 be
dismissed;
2. The third respondent pay the applicants' costs to be taxed. H
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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CATCHWORODS
TRADE PRACTICES - misleading brochures issued by respondent company - claim against one of only two directors and shareholders - no particulars of personal respondent's connection with brochure - whether claim abuse of process.
Federal Court Rules, 0.11 r.16, 0.20 r.2
Nancy Maris Stewart & Anor.
v. Glenpitney Pty. Ltd. Qld. G169 of 1986
PINCUS J. BRISBANE 2 MARCH 1987
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G169 of 1986 GENERAL DIVISION )
BETWEEN: NANCY MARIS STEWART and ADAM HUNTER STEWART Applicants AND: GLENPITNEY PTY. LTD. Pirst Respondent AND: HAROLD KUCKO Second Respondent
AND: LLOYD JOHN WILLIAMSON
Third Respondent
PINCUS J. 2 MARCH 1987
REASONS FOR JUDGMENT.
The applicants' case is brought principally under s.52
of the Trade Practices Act. The third respondent seeks an order
striking out the application and statement of claim as against him on the grounds that the statement of claim discloses no reasonable
cause of action against him, and that the application is frivolous
or vexatious or an abuse of process. Alternatively, the third respondent asks for judgment in his favour on the same grounds. Power to give the relief sought is found in 0.11, r.16 and 0.20, r.2. I do not set these provisions out, but note that the former only allows pleadings to be struck out and does not refer to the
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