Grog Systems Pty Ltd v. Hayket Pty Ltd & Anor [1988] FCA 84

"IDGMENT No. C4 102

CATCHWORODS

TRADE PRACTICES - misleading or deceptive conduct claim - claim

for goods sold and delivered and work done - interlocutory relief to strike out whole application on basis of no genuine federal element - no evidence to establish federal claim -

whether the Court has jurisdiction to hear the matter - insubstantiality of federal issue.

Trade Practices Act 1974, s.52

Grog Systems Pty Ltd v. Hayxet Pty Ltd & Anor

Qld G83 of 1987

PINCUS J. BRISBANE 9 MARCH 1988

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G83 of 1987 GENERAL DIVISION )

BETWEEN: GROG SYSTEMS PTY LTD Applicant AND: HAYKET PTY LID

First Respondent

AND: LEO MENKENS

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS Jd. DATE OF ORDER: 9 MARCH 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

l. the principal application be struck out;

2. the applicant pay the respondents' costs of and incidental to the proceedings, to be taxed.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G83 of 1987 GENERAL DIVISION )

BETWEEN: GROG SYSTEMS PTY LTD

Applicant AND: HAYKET PLY LTD

First Respondent

AND: LEQ MENKENS

Second Respondent

PINCUS J. 9 MARCH 1988

REASONS FOR JUDGMENT

I have before me a claim said to be made under s.52 of

the Trade Practices Act 1974. The respondents, by way of

interlocutory relief, ask that the whole application be struck out on the ground that it has never included any genuine federal element. The applicant urges me not to dismiss the whole application, but either to let the case proceed to trial or to