National Mutual Life Association of Australasisa Ltd v Reynolds [2000] FCA 267

FEDERAL COURT OF AUSTRALIA National Mutual Life Association of Australasia Ltd v Reynolds [2000] FCA 267 PRACTICE AND PROCEDURE – standing – removal of party to proceedings – whether deregistered and dissolved company has power to commence or maintain proceedings - abuse of process PRACTICE AND PROCEDURE – statement of claim – strike out application – whether statement of claim fails to disclose a reasonable cause of action or is otherwise an abuse of process – whether pleads sufficient material facts to support claims for relief made – whether sufficient particulars of material facts sought to be proved – distinction between "material facts" and "particulars" PRACTICE AND PROCEDURE – statement of claim – whether amendment should be allowed – whether just – whether, notwithstanding amendments raising new claims for relief, they should be permitted as arising out of the same or substantially the same facts as those already pleaded – whether amendments allowed provide a basis for stay on the grounds of unfairness PRACTICE AND PROCEDURE – motion to stay or dismiss proceedings for want of prosecution – consideration of applicable criteria - whether delay inexcusable, inordinate and likely to cause serious prejudice - whether lack of due diligence where delay for approximately 10 years - whether consequences of passage of time make claims inherently unfair PRACTICE AND PROCEDURE – Trade Practices - representative proceedings under Part IVA Federal Court of Australia Act 1976 – consideration of whether representative proceedings appropriate – whether sufficient questions of law or fact common to all applicants – whether parties have the same interest in proceedings LIMITATION OF ACTIONS – Trade Practices - consideration as to when cause of action accrued – whether date of loss or damage is the date of acquisition of the relevant property – whether for plaintiffs to establish as an ingredient of claim that within limitation period Trade Practices Act 1974 (Cth) s 82(2) Corporations Law ss574, 576 Companies (Queensland) Code s 107 Federal Court of Australia Act 1976 (Cth) Pt IVA