Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wheaton v Football Tasmania Limited [2001] FCA 1518
PRACTICE AND PROCEDURE – Notice of motion – Application to dismiss substantive application – Whether failure to disclose a cause of action – Whether claim against corporate body devolves to successor corporate body – Lack of evidence WORDS AND PHRASES – "devolve" Copyright Act 1968 (Cth) Federal Court Rules 1979 (Cth) O 58 r 16 Webster v Lampard (1993) 177 CLR 598 referred to JON WHEATON trading as MARKETING ADVISORY SERVICES (MAS) (ABN 83 749 876 431) v FOOTBALL TASMANIA LIMITED (ACN 085 213 350) T5 OF 2001 MARSHALL J HOBART 26 OCTOBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY T5 OF 2001
BETWEEN: JON WHEATON trading as MARKETING ADVISORY SERVICES (MAS) (ABN 83 749 876 431)
APPLICANT
AND: FOOTBALL TASMANIA LIMITED (ACN 085 213 350)
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 26 OCTOBER 2001
WHERE MADE: HOBART
THE COURT ORDERS THAT: 1. The substantive application be dismissed.
2. Paragraph 1 of the relief sought in the respondent's Notice of Motion of 24 September 2001 be granted.
3. The Notice of Motion otherwise be dismissed.
4. Subject to further submissions regarding whether such costs be paid on an indemnity basis, the applicant pay the respondent's costs of and incidental to the proceeding, including reserved costs and costs of and incidental to the Notice of Motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY T5 OF 2001
BETWEEN: JON WHEATON trading as MARKETING ADVISORY SERVICES (MAS) (ABN 83 749 876 431)
APPLICANT
AND: FOOTBALL TASMANIA LIMITED (ACN 085 213 350)
RESPONDENT
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate