Federal Court of Australia
FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE - application to strike out pleading pursuant to O 11 r 16 Federal Court Rules - whether case so clearly untenable that it could not possibly succeed. Corporations Law - ss 701(2), 701(5), 701(6) Federal Court Rules - O 11 r 16 Re Allied Queensland Coalfields Ltd; Super John Pty Limited and Others v Marsford Investments Pte Limited (1997) 23 ACSR 427; distinguished General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; applied Elkington v Vockbay Pty Limited (1993) 10 ACSR 785; considered In re Sussex Brick Co Ltd [1961] Ch 289; considered Re ELDERS AUSTRALIA LIMITED; SUPER JOHN PTY LIMITED, BATOKA PTY LIMITED, ELIZABETH LANCEY & JULIAN LANCEY, ALLISTAIR HAZARD and IAN MORTON v FUTURIS RURAL PTY LIMITED NG 3072 of 1997 FOSTER J 26 SEPTEMBER 1997 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 3072 of 1997
In the matter of ELDERS AUSTRALIA LIMITED
A.C.N. 061 617 230
BETWEEN: SUPER JOHN PTY LIMITED
A.C.N. 000 375 093
FIRST APPLICANT
BATOKA PTY LIMITED
A.C.N. 002 904 930
SECOND APPLICANT
ELIZABETH LANCEY & JULIAN LANCEY
As trustees for Elizabeth Superannuation Fund
THIRD APPLICANT
ALLISTAIR HAZARD
FOURTH APPLICANT
IAN MORTON
FIFTH APPLICANT
AND: FUTURIS RURAL PTY LIMITED
A.C.N. 009 339 333
RESPONDENT
JUDGE: FOSTER J
DATE OF ORDER: 26 SEPTEMBER 1997
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The notice of motion be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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