Federal Court of Australia
Cer 7
dudgement Nod2 23S acu
TRADE PRACTICES - pleadings - engineering construction dispute - consulting engineers - action for damages under ss.52 and 82 of Trade Practices Act 1974 - application to set aside proceedings - whether s.52 applicable to provision of professional services - scope and statutory context of "trade or commerce" - concept of
"profession" application to strike out parts of statement of claim
~- material facts - necessity to plead facts constituting causal relationship between contravention and loss - inability of particulars to cure defect - common law claims - accrued
jurisdiction - discretion to decline exercise where federal claims
struck out — leave to amend.
Trade Practices Act 1974 ss. 4, 52, 53 and 82
Westham Dredging Co. Pty Ltd v Woodside Petroleum Development Pty Ltd and Others (1983) 66 FLR 14.
Bevanere Pty Ltd v Lubidineuse (1985) 59 ALR 334 Larmer v _Power Machinery Pty Ltd (1977) 29 FLR 490
Bank of New South Wales v The Commonwealth (1948) 76 CLR 1
Right Home Improvements Pty Ltd v Imperial Alarm Screens (Aust) Pty Ltd [1986] ATPR 40-641
Dow Hager Lawrance v Lord Norreys (1890) 15 App. Cas. 210 H.1976 Nominees Pty Ltd v Galli 40 FLR 242
Bruce v Odhams Press Ltd (1936) 1 KB 697
Trade Practices Review Committee Report 1976 (The Swanson Report) Abel R.L. The Decline of Professionalism (1986) 49 MLR 1
BOND CORPORATION PTY LIMITED v THIESS CONTRACTORS PTY LID and OVE
ARUP PTY LTD, ARUP PARTNERS PTY LTD and OVE ARUP CONSULTANTS PTY LTD WAG 114 of 1986
FRENCH J. 17 March 1987 FEDERAL COURT OF Perth AUSTRALIA
PRINCIPAL REGISTAY
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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
BETWEEN:
JUDGE MAKING ORDER: DATE OF ORDER:
WHERE MADE:
THE COURT ORDERS THAT:
1. Paragraphs 45 to 55 of the Statement of Claim be struck out. 2. The applicant have leave to file an amended statement of
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