Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Batten v CTMS Ltd [1999] FCA 1576 PLEADINGS - adequacy where representative proceedings initiated against multiple respondents - whether dismissal or strike-out warranted for failure to disclose a reasonable cause of action and particularise loss and damage of different group members CROWN IMMUNITY - analysis of immunity conferred by Trade Practices Act 1974 - applicability to Minister - whether alleged illegalities undertaken in course of ministerial functions TRADE PRACTICES - misleading and deceptive representations by prospective employers and others - limits on liability for indirect involvement in alleged contraventions - no liability where there is actual or constructive knowledge of wrongdoing, but no positive endorsement of it NEGLIGENCE - basis of duty to minimise risk of economic loss - obligation to correct erroneous assumptions where the truth is known - reliance COSTS - availability of indemnity costs where applicants delay rectification despite notice of pleading defects - taxation and payment at interlocutory stage Workplace Relations Act 1996 (Cth) Trade Practices Act 1974 (Cth) ss 75B, 52, 2A, 82 Patrick Stevedores Operations No 2 Pty Ltd and Ors v Maritime Union of Australia and Ors (1998) 195 CLR 1 Refd to Bass v Permanent Trustee Co Ltd (1999) 161 ALR 399 Refd to Woodlands, Bass and Conca v Permanent Trustee Company (1996) 68 FCR 213 Refd to, Distinguished McKellar v Container Terminal Management Services Limited [1999] FCA 1101 Refd to Yorke v Lucas (1985) 158 CLR 661 Cited Bell v Australasian Recyclers (WA) Pty Ltd (1986) ATPR 40-644 Cited Sent & Petres & Collier v Jet Corporation of Australia Pty Ltd (1984) 2 FCR 201 Cited R v Tannous (1987) 10 NSWLR 303 Cited Perre v Apand Pty Ltd (1999) 164 ALR 606; 73 ALJR 1190 Refd to Pyrenees Shire Council v Day (1998) 192 CLR 330 Refd to Williams v Natural Life Health Foods [1998] 2 All ER 577 Refd to Bond Corporation Pty Ltd v Thiess Contractors Pty Ltd (1987) 14 FCR 215 Ref to Life Airbag Company of Australia Pty Ltd v Life Airbag Company (New Zealand) Ltd [1998] FCA 545 Discussed Vasyli v AOL International Pty Ltd [1996] FCA 804 Discussed
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate