Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bright v Femcare Ltd [2000] FCA 742 PLEADINGS – representative proceedings under Pt IVA of the Federal Court of Australia Act 1976 (Cth) – respondents sought an order that the third amended statement of claim be struck out on the grounds that it does not sufficiently plead, for the applicant or the group members, any reasonable cause of action and that it is embarrassing in certain respects – adequacy of the pleading of causes of action under ss 52, 53(c), 74B, 74D and 75AD of the Trade Practices Act 1974 (Cth) and in negligence, having regard to the rules concerning pleading in O 11 of the Federal Court Rules – permissible level of generality of initial pleading of material facts in representative proceedings
Federal Court of Australia Act 1976 (Cth), Pt IVA Trade Practices Act 1974 (Cth), ss 4(1), 5(1), 52, 53(c), 74A, 74B, 74D, 75AB, 75AC and 75AD Federal Court Rules, O 11
Philip Morris (Australia) Ltd v Nixon (2000) 170 ALR 487, followed Bartlett v Swan Television & Radio Broadcasters Pty Ltd (1995) ATPR 41-434, referred to Tycoon Holdings Ltd v Trencor Jetco Inc (1992) 34 FCR 31, referred to Pyrenees Shire Council v Day (1998) 192 CLR 330, referred to Stegenga v J Corp Pty Ltd (1999) ATPR 41-695, referred to
KERRIE BRIGHT v FEMCARE LIMITED AND ENDOVASIVE PTY LIMITED
N 410 OF 1999
LEHANE J
5 JUNE 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 410 OF 1999
BETWEEN: KERRIE BRIGHT
APPLICANT
AND: FEMCARE LIMITED
FIRST RESPONDENT
ENDOVASIVE PTY LIMITED
(ACN 061 512 132)
SECOND RESPONDENT
JUDGE: LEHANE J
DATE OF ORDER: 5 JUNE 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The third amended statement of claim filed on 1 November 1999 be struck out.
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