Federal Court of Australia
CATCHWORDS PRACTICE AND PROCEDURE - pleading - application for leave to amend - whether proposed pleading "futile" - pleading of causation under s 82 of Trade Practices Act 1974 (Cth) - reliance on representation - whether reliance must be by loss sufferer - accessorial liability of party "involved in" contravention of s 52 of Act - whether knowledge by alleged accessory of all essential elements of contravention pleaded.
TRADE PRACTICES - pleading - application for leave to amend - whether proposed pleading "futile" - pleading of causation under s 82 of Trade Practices Act 1974 (Cth) - reliance on representation - whether reliance must be by loss sufferer - accessorial liability of party "involved in" contravention of s 52 of Act - whether knowledge by alleged accessory of all essential elements of contravention pleaded. Trade Practices Act 1974 (Cth) ss 52, 75B, 82.
Janssen-Cilag Pty Ltd v Pfizer Pty Ltd (1992) 37 FCR 526 (Lockhart J). Pacific Coal Pty Ltd v Idemitsu Queensland Pty Ltd (1992) ATPR 46-094. Haynes v Top Slice Deli Pty Ltd, unreported, FCA/Einfeld J, 2 June 1995. ALLSTATE LIFE INSURANCE CO & ORS v AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED & ORS (No 17)
No NG 381 of 1994 Lindgren J Sydney 28 September 1995
IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 381 of 1994 GENERAL DIVISION ) BETWEEN: ALLSTATE LIFE INSURANCE CO and the parties listed as applicants in Annexure A to the second further amended statement of claim. Applicants AND: AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED and the parties listed as respondents in Annexure B to the second further amended statement of claim. Respondents CORAM: Lindgren J PLACE: Sydney DATE: 28 September 1995
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