Hamod v State of New South Wales [2001] Fca 157

FEDERAL COURT OF AUSTRALIA

HAMOD v STATE OF NEW SOUTH WALES [2001] FCA 157

PRACTICE AND PROCEDURE – motion to strike-out whole of amended statement of claim and to strike-out parts of amended Application – whether whole of claim consisting of 500 pages so prolix as justify strike-out on that basis alone – in any event, inappropriateness of causes of action based on ss 45D, 45DB and 52 of Trade Practice Act and adequacy of pleading common law actions for malicious prosecution, false imprisonment, "intentional" torts and trespass to person, goods, and land – whether any matters complained of were outside the State traditional government purposes – operation of s 2B of Trade Practices Act – limitation of time operating by virtue of s 82 of Trade Practices Act – issue of common legal representation of applicants where first applicant appears in person and is the majority shareholder in second applicant and second applicant appears by counsel – security for costs to be provided by second applicant. Trade Practices Act 1974 (Cth) ss 2B, 45D, 45DB, 52, 82(2) Fair Trading Act 1987 (NSW) ss 3(1), 42, 68. Acts Interpretation Act 1901 (Cth) s 22(1)(a) Banque Commerciale S.A. v Akhil Holdings Ltd (1990) 169 CLR 279 referred to. Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 referred to. Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 applied. Corrections Corporation of Australia Pty Ltd v Commonwealth of Australia [2000] FCA 1280 applied. Mulcahy v Hydro-Electric Commission (1998) 85 FCR 170 referred to. Blacker v National Australia Bank Ltd [2000] FCA 681 referred to Karedis v Antoniou (1985) 59 FCR 35 referred to. Western Australia v Bond Corporation Holdings Ltd (French J, 6 April 1992, unreported) applied. Allstate Life Insurance Co v Australia & New Zealand Banking Group Ltd (Beaumont J, 13 September 1994, unreported) applied. Coshott v Kam Tou Mak (Wilcox J, 3 March 1998, unreported) applied. Scott v Beneficial Finance Corporation (Burchett J, 14 December 1995, unreported) applied. Wardley v Western Australia (1992) 175 CLR 514 applied. Nixon v Phillip Morris (Australia) Ltd (1999) 95 FCR 453 applied. Jobbins v Capel Court Ltd (1989) 25 FCR 225 referred to Cartledge v E Jopling & Sons [1963] AC 758 referred to. MGICA v Kenny & Good Pty Ltd (1996) 140 ALR 313 referred to. Wood v Wood (1997) 149 ALR 301 referred to. Hamod v New South Wales [2000] FCA 1100 referred to. Lewis v Daily Telegraph Ltd (No 2) [1964] 2 QB 601 referred to. Gould & Portes Pty Ltd v Housing Commission [1974] VR 102 referred to. SCI Operations Pty Ltd v Australian Paper Manufacturers Ltd (1983) 51 ALR 365 referred to.