Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dart v Norwich Union [2000] FCA 1362
PRACTICE & PROCEDURE – strike out application – where statement of claim pleads substantially similar causes of action to that struck out in earlier Supreme Court proceedings – where it nevertheless appears that a possible cause of action, which may come within Federal jurisdiction, could be pleaded if the applicants given leave to replead – whether strike out application should be allowed Federal Court Rules O 9 r 7, 0 11 r 16 Trade Practices Act 1974 IVA, V, VI SYDNEY RONALD DART & ORS v NORWICH UNION LIFE AUSTRALIA LTD (ACN 006 783 295) & ORS Q 67 of 2000 SPENDER J BRISBANE 19 SEPTEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 67 OF 2000
BETWEEN: SYDNEY RONALD DART
FIRST APPLICANT
SHIRLEY NORMA DART
SECOND APPLICANT
FREDERICK WILLIAM DART
THIRD APPLICANT
AND: NORWICH UNION LIFE AUSTRALIA LTD
(ACN 006 783 295)
FIRST RESPONDENT
VYNOTAS PTY LTD (ACN 007 093 601)
SECOND RESPONDENT
JONES LANG LASSALLE (QLD) PTY LTD
(ACN 010 411 140)
THIRD RESPONDENT
ROBERTS, LEU & NORTH (A FIRM)
FOURTH RESPONDENT
JUDGE: SPENDER J
DATE OF ORDER: 19 SEPTEMBER 2000
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The amended statement of claim filed by the applicants on 28 August 2000 be struck out.
2. The applicants have leave to replead by filing a further amended statement of claim within 21 days of today.
3. The respondents on the motion pay the costs of and incidental to the motion of the applicants on the motion (respondents 1 and 2), to be taxed if not agreed.
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