Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hurley v McDonald's Australia Ltd [1999] FCA 1728
PRACTICE & PROCEDURE – application for leave to appeal – where trial judge refused to grant applicants leave to amend statement of claim – where leave to amend sought when proceedings part-heard - whether amendment futile because no arguable cause of action disclosed – whether amendment ought not to be allowed at such a late stage of proceedings – whether decision appealed from attended by sufficient doubt to warrant its reconsideration
TRADE PRACTICES – unconscionable conduct – whether arguable that mere reliance on terms of contract, without more, can constitute unconscionable conduct
Trade Practices Act 1974 (Cth), s 51AA, s 51AB, s 51AC
Cameron v Qantas Airways Ltd (1994) 55 FCR 147, cited
Qantas Airways Ltd v Cameron (1996) 66 FCR 246, cited
Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397, applied
JANETTE LYN HURLEY v MCDONALD'S AUSTRALIA LTD
Q250 OF 1999
HEEREY, DRUMMOND & EMMETT JJ
17 DECEMBER 1999
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 250 OF 1999
ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
BETWEEN: JANETTE LYN HURLEY
Appellant
AND: MCDONALD'S AUSTRALIA LIMITED
ACN: 000 697 763
Respondent
JUDGES: HEEREY, DRUMMOND & EMMETT JJ
DATE OF ORDER: 17 DECEMBER 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. Leave to appeal be refused 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
QUEENSLAND DISTRICT REGISTRY Q 250 OF 1999
ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
BETWEEN: JANETTE LYN HURLEY
Appellant
AND: MCDONALD'S AUSTRALIA LIMITED
ACN: 000 697 763
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