Dunn v Australian Society of Certified Practicing Accountants [1999] FCA 651

FEDERAL COURT OF AUSTRALIA

Dunn v Australian Society of Certified Practising Accountants

[1999] FCA 651

PRACTICE AND PROCEDURE – pleadings and particulars – statement of claim – application to strike out – application for leave to file further amended statement of claim – whether action based on Trade Practices Act 1974 (Cth) Pt V sufficiently pleaded REMEDIES – injunction – whether serious question to be tried WORDS AND PHRASES – "new matter" Trade Practices Act 1974 (Cth) s 52 and s 75B Federal Court Rules O 11 r 7 and O12 r 2 Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Ltd (1988) ATPR 41‑633 applied Baldry v Jackson [1976] 2 NSWLR 415 cited

STEPHEN FRASER DUNN v AUSTRALIAN SOCIETY OF CERTIFIED PRACTISING ACCOUNTANTS

NG 781 OF 1998

LEHANE J 14 MAY 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 781 OF 1998

BETWEEN: STEPHEN FRASER DUNN

Applicant

AND: AUSTRALIAN SOCIETY OF CERTIFIED PRACTISING ACCOUNTANTS

Respondent

JUDGE: LEHANE J

DATE: 14 MAY 1999

PLACE: SYDNEY

THE COURT ORDERS THAT:

1. The proceeding, so far as relief is claimed on the footing of alleged breaches of Pt IV of the Trade Practices Act 1974, be dismissed.

2. The further amended statement of claim be struck out.

3. Leave to file the documents entitled second further amended application and second further amended statement of claim be refused.

4. The applicant have leave to file and serve, not later than 15 June 1999, a further amended application and a further amended statement of claim in which he seeks relief based on allegations of infringement, or involvement in infringement, of Pt V of the Trade Practices Act 1974.

5. The applicant pay the respondent's costs of each of the motions the subject of these reasons for judgment, the respondent's motion, notice of which was filed on 12 October 1998 and the respondent's motion, notice of which was filed on 18 March 1999.