Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
TRADE PRACTICES - limitation of actions - running of time.
PRACTICE AND PROCEDURE - strike out application - relevant test.
Trade Practices Act 1974 (Cth), ss 52(1), 82
Fair Trading Act 1985 (Vict), s 11
Wrongs Act 1958 (Vict), s 24(4)(A)
JamesvAustralia & New Zealand Banking Group Ltd (1986) 64 ALR 347, applied
Karedis Enterprises Pty Ltdv Antoniou(1995) 59 FCR 35, applied
Wardley Australia Ltdv Western Australia(1992) 175 CLR 515 at 533, applied
Wickstead v Braun (1992) 30 NSWLR 1, referred to
ivan alfred bennett and gaylee maree Bennett v Grandwise pty ltd (ACN 051 789 443) and phillip james Abbott
grandwise pty ltd (ACN 051 789 443) and phillip james ABBOTT v WESTFIELD SHOPPING CENTRE MANAGEMENT CO (VIC) PTY LTD
VG 635 OF 1996
MARSHALL J
MELBOURNE
22 MAY 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 635 of 1996
Between ivan alfred bennett and gaylee maree Bennett
applicants
and: Grandwise pty ltd (ACN 051 789 443) and phillip james Abbott
respondents
BETWEEN: GRANDWISE PTY LTD AND PHILLIP JAMES ABBOTT
CROSS CLAIMANTS
AND: WESTFIELD SHOPPING CENTRE MANAGEMENT CO (VIC) PTY LTD
CROSS RESpondent
JUDGE: MARSHALL J
DATE OF ORDER: 22 MAY 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The cross respondent's notice of motion dated 29 April 1998 be dismissed. 2. The cross respondent pay the cross claimants' costs of the notice of motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 635 of 1996
Between ivan alfred bennett and gaylee maree Bennett
applicants
and: Grandwise pty ltd (ACN 051 789 443) and phillip james Abbott
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