Federal Court of Australia
CATCHWORDS PRACTICE AND PROCEDURE - pleadings - application to strike out cross-claim - cross-claim seeks declaration that insurer of defendant is liable to indemnify its insured - jurisdiction of the Court to grant the declaration sought - whether reasonably arguable that Court would exercise its discretion in favour of making declaration - whether declaration shown in circumstances to have utility. PRACTICE AND PROCEDURE - pleadings - application to strike out cross-claim - no argument that cross-claim not reasonably arguable - assuming power to strike out cross-claim which has reasonable prospects of success it should be used only in exceptional circumstances. Federal Court of Australia Act 1976 (Cth) ss 19(1), 21 and 22 Bankruptcy Act 1966 (Cth) s 117(1) Federal Court Rules O 5 Australia and New Zealand Banking Group Limited v Turnbull & Partners Limited & Ors (1991) 33 FCR 265 J N Taylor Holding Limited (In liquidation) and J N Taylor Finance Pty Ltd (In liquidation) v Allan Bond and Ors (1993) 59 SASR 432 Moorgate Tobacco Company Ltd v Philip Morris Ltd & Anor (1980) 145 CLR 457 Phillip Morris Incorporated & Anor v Adam P. Brown Male Fashions Pty Ltd (1981) 148 CLR 457 Fencott & Ors v Muller & Anor (1983) 152 CLR 570 Gerah Imports Pty Ltd v The Duke Group (In Liquidation) (1993) 61 SASR 557 Ainsworth and Another v Criminal Justice Commission (1992) 175 CLR 564
No. SG29 of 1995 No. SG30 of 1995 BETWEEN: ROBERT ABROOK & ORS First Applicants WILLIAM JOHN EAST as administrator of the Family Security Friendly Society Second Applicant GREGORY PATERSON & ORS (SG29 of 1995) First Cross Respondents (SG30 of 1995) First to Seventh Respondents/Cross Claimants THE CHASE MANHATTAN BANK AUSTRALIA LIMITED (SG29 of 1995) First Respondent/Cross Claimant (SG30 of 1995) Cross Respondent THE CHASE MANHATTAN BANK AUSTRALIA LIMITED Cross Claimant BRUCE EDWARD FORDMAN & ORS Cross Respondents THE CHASE MANHATTAN BANK AUSTRALIA LIMITED Cross Claimant ALEC SHARPE Cross Respondent Branson J Adelaide 15 November 1995
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