Gillford Pty Ltd & Ors v Burdon Pty Ltd & Ors [1995] FCA 1071

CATCHWORDS TRADE PRACTICES ‑ matters of procedure ‑ application to strike out ‑ whether paragraphs of statement of claim manifestly or plainly unarguable ‑ evidence ‑ admissibility confidentiality COSTS ‑ interlocutory proceedings ‑ security for costs whether appropriate if reasonable argument that financial plight of applicant contributed to or caused by conduct of respondent impugned in proceeding. Trade Practices Act 1974: s 52 Fair Trading Act 1974: s 52 GILLFORD PTY LIMITED. ALAN VARLEY HANNAFORD, KATHERINE ELIZABETH HANNAFORD, GREGORY JAMES GILBERT, NICOLA FRANCES GILBERT v Burdon PTY LIMITED, ROBERT GRAHAM KENT. KEVIN GEORGE White AG 79 of 1994 LOCKHART J. SYDNEY 19 DECEMBER 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. AG 79 of 1994 ) GENERAL DIVISION ) BETWEEN: GILLFORD PTY LIMITED First Applicant ALAN VARLEY HANNAFORD Second Applicant KATHERINE ELIZABETH HANNAFORD Third Applicant GREGORY JAMES GILBERT Fourth Applicant NICOLA FRANCES GILBERT Fifth Applicant AND: BURDON PTY LIMITED First Respondent ROBERT GRAHAM KENT Second Respondent KEVIN GEORGE WHITE Third Respondent

JUDGE MAKING ORDER: LOCKHART J. WHERE ORDER MADE: SYDNEY DATE ORDER MADE: 19 DECEMBER 1995 MINUTE OF ORDER THE COURT ORDERS THAT: 1. The respondents' amended notice of motion is dismissed. 2. The respondents shall pay the costs of the applicants of the notice of motion and of the amended notice of motion. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. CATCHWORDS TRADE PRACTICES - matters of procedure - application to strike out - whether paragraphs of statement of claim manifestly or plainly unarguable - evidence - admissibility - confidentiality COSTS - interlocutory proceedings - security for costs - whether appropriate where reasonable argument financial plight of applicant contributed to or caused by conduct of respondent impugned in proceeding.