Coshott, Robert Gilbert & Anor v Mak, Kam Tou & Ors [1998] FCA 147

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE - Application for summary dismissal of proceeding or order striking out Amended Statement of Claim - Claim brought by property owners against adjoining owners, their architects and builders and the local authority in respect of damage allegedly suffered as a result of construction of a new house - Claim substantially dependent on s 52 of Trade Practices Act 1974 and s 42 of Fair Trading Act 1987 (NSW) - No allegation that any respondent is a trading corporation - No allegation that relevant conduct was "in trade or commerce" - Whether local authority acts in trade or commerce in performing development and building control functions - Lack of specificity in allegations - Negligence claim against council - Whether sufficiently connected with Trade Practices Act claims - Nuisance, trespass and conspiracy claims - Maintainable only to extent that they arise out of same substratum of facts as Trade Practices Act claims. Trade Practices Act 1974, s 52 Fair Trading Act 1987 (NSW), s 42 Federal Court Rules, Order 11 rule 16

Robert gilbert coshott and LJILJANA COSHOTT

v KAM TOU MAK, IOK PENG WAN, RODERICK IAN LEAROYD, SALWEEN PTY LIMITED, WOOLLAHRA MUNICIPAL COUNCIL, JOSEF HOI and josef hoi constructions pty limited

ng779 OF 1997

judge: wilcox j

place: sydney

date: 3 march 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG779 of 1997

BETWEEN: ROBERT GILBERT COSHOTT and LJILJANA COSHOTT

Applicants

AND: KAM TOU MAK

First respondent

IOK PENG WAN

Second respondent

RODERICK IAN LEAROYD

Third respondent

SALWEEN PTY LIMITED

Fourth respondent

WOOLLAHRA MUNICIPAL COUNCIL

Fifth respondent