Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Basegrove Holdings Pty Ltd v Centaur Mining and Exploration Limited [2001] FCA 259
PROCEDURE – statement of claim – motion to strike out – whether federal cause of action pleaded – whether alleged misleading or deceptive character of alleged representations particularised Trade Practices Act 1974 (Cth) ss 51A, 52, 52(1), 82, 86, 87 Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457, applied Fencott v Muller (1983) 152 CLR 570, applied Stack v Coast Securities (No 9) Pty Ltd (1983) 154 CLR 261, cited Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd (1978) 140 CLR 216, followed SEG Irish Distillers Ltd v S Smith & Son Pty Ltd (1987) 9 ATPR 40–756, followed W G & B Manufacturing Pty Ltd v Tesla Farad Pty Ltd [1999] FCA 1776, distinguished BASEGROVE HOLDINGS PTY LTD and ALESSANDRO LUIGI GUJ v CENTAUR MINING AND EXPLORATION LIMITED W 201 of 2000 RD NICHOLSON J 15 MARCH 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 201 of 2000
BETWEEN: BASEGROVE HOLDINGS PTY LTD (ACN 061 814 060)
FIRST APPLICANT
ALESSANDRO LUIGI GUJ
SECOND APPLICANT
AND: CENTAUR MINING AND EXPLORATION LIMITED (ACN 004 805 145)
RESPONDENT
JUDGE: R D NICHOLSON J
DATE OF ORDER: 15 MARCH 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The respondent's motion to strike out the statement of claim be held over. 2. The applicants have leave to amend their statement of claim within 21 days. 3. Costs are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 201 of 2000
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