Browne, P.F. & Ors v. Hall, J.C. & Ors [1994] FCA 1003

JUDGMENT No. ....MC2O3 7 FH

CATCHWORDS

PRACTICE AND PROCEDURE - application to strike out - whether statement of claim discloses cause of action against respondent - allegation that "financial interest" amounted to

agency

Corporations Law ss 66(2), 170(6), 588M(3), 588R(1) and 1018(1)

P_F Browne & Ors v_ J C Hall & Ors

FEDERAL COURT (No. VG 295 of 1994)

AUSTRALIA INCI REGISTRY

Judges Heerey J Date: 8 December 1994 Place: Melbourne

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) No. VG 295 of 1994 ) GENERAL DIVISION )

BETWEEN:

PAUL FRANCIS BROWNE First Applicant - and -

PAUL WILLIAM HOLYOARK Second Applicant - and -

JOHN WALTON ELDRIDGE Third Applicant - and -

JAMES CHARLES HATT,

First Respondent - and -

LINDSAY FREDERICK OLDAKER

Second Respondent - and -

HOWARD _ JOHN FRANCIS TRELOAR

Third Respondent - and -

F_ F AUSTRALIA PTY LTD (In Liquidation) (formerly known as Filter Fresh Australia Pty Ltd) (ACN 058 110 259) Fourth Respondent

JUDGE : Heerey J DATE: 8 December 1994 PLACE: Melbourne MINUTE OF ORDERS 1. Paragraphs 24 to 29 inclusive of the statement of claim

be struck out, as against the third respondent.

2. Grant liberty to the applicants to re-plead.

3. Costs of the third respondent's application be costs in

the cause.

NOTE:

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

IN THE FEDERAL COURT OF AUSTRALIA ) )

VICTORIA DISTRICT REGISTRY ) No. VG 295 of 1994 ) )

GENERAL DIVISION

BETWEE N:

PAUL FRANCIS BROWNE

First Applicant - and -

PAUL WILLIAM HOLYOAK

Second Applicant - and -

JOHN WALTON ELDRIDGE

Third Applicant - and -

JAMES CHARLES HALL

First Respondent - and -

LINDSAY FREDERICK OLDAKER

Second Respondent - and -

HOWARD _ JOHN FRANCIS TRELOAR

Third Respondent - and -

F_F AUSTRALIA PTY LTD (In Liquidation) (formerly known as Filter Fresh Australia Pty Ltd) (ACN 058 110 259)