Fernandez v Glev Pty Ltd [2000] FCA 1859

FEDERAL COURT OF AUSTRALIA Fernandez v Glev Pty Ltd [2000] FCA 1859

PRACTICE AND PROCEDURE – motion to strike out Statement of Claim – whether contract claim was within the accrued jurisdiction of the Federal Court – inappropriateness of determining correctness of assertion of fiduciary relationship on strike out application – where pleading alleges that various representations were inaccurate without stipulating why or in what way the inaccuracy arises – where insufficient particulars supplied – where pleading did not make any connection between representations and loss or damaged alleged to have been sustained - where representation as to a future matter not pleaded as such – where pleading was confusing and lacked specificity and clarity – whether Statement of Claim may be struck out where applicant has failed to show that the cause of action arose within the limitation period – where allegation of accessorial liability unsubstantiated by particulars – where particulars supporting allegation of unconscionable conduct identified the conduct as having occurred prior to the commencement of s51AC Trade Practices Act 1974 (Cth) Federal Court Rules O 11 r 16 Trade Practices Act 1974 (Cth) ss 52, 51AC, 75B, 82(3) Saunders v Glev Franchises Pty Ltd (1995) 33 IPR 349 distinguished Keen Mar Corporation Pty Ltd v Labrador Park Shopping Centre Pty Ltd (1988) ATPR ¶40-853 referred to Pullen v Gutteridge Haskins & Davey Pty Ltd [1993] 1 VR 27 cited Ronex Properties Ltd v John Laing Constructions Ltd [1983] 1 QB 398 cited HECTOR FERNANDEZ & ANOR v GLEV PTY LTD & ORS N 1108 OF 2000 HELY J 20 DECEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1108 OF 2000

BETWEEN: HECTOR FERNANDEZ

FIRST APPLICANT

HECROZ PTY LTD