McIntyre v Eastern Prosperity Investments Pte Ltd [2001] FCA 1734

FEDERAL COURT OF AUSTRALIA

McIntyre v Eastern Prosperity Investments Pte Ltd [2001] FCA 1734 PRACTICE AND PROCEDURE - pleadings - claim for damages for misleading or deceptive conduct and unconscionable conduct - shopping centre - numerous representations alleged against shopping centre owners and managers - no adequate pleading to indicate how representations were misleading, deceptive or unconscionable - no causal connection apparent between conduct complained of and loss or damage claimed - free-standing claim of neglect of premises - unconnected to any apparent cause of action - inadequate falsification of representations - statement of claim fatally flawed - statement of claim struck out - leave to file substituted statement of claim. Federal Court of Australia Act 1976 (Cth) Trade Practices Act 1974 ( Cth) s 82, s 87, s 52, s 51AC, s 51A McIntyre v Eastern Prosperity Investments Pte Ltd [2001] FCA 1655 DONALD COLIN MCINTYRE (FOR AND ON BEHALF OF HIMSELF AND PATRICIA ANN MCINTYRE AND AS A REPRESENTATIVE OF THE GROUP MEMBERS REFERRED TO IN THE APPLICATION) v EASTERN PROSPERITY INVESTMENTS PTE LTD and DBF PROPERTY HOLDINGS PTY LTD AS TRUSTEE FOR THE FREARSON FAMILY TRUST W243 of 2000 FRENCH J 6 DECEMBER 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W243 OF 2000

BETWEEN: DONALD COLIN MCINTYRE (FOR AND ON BEHALF OF HIMSELF AND PATRICIA ANN MCINTYRE AND AS A REPRESENTATIVE OF THE GROUP MEMBERS REFERRED TO IN THE APPLICATION)

APPLICANT

DONALD COLIN MCINTYRE AND PATRICIA ANN MCINTYRE TRADING AS VICTORIA PARK TRAVELWORLD (SHOP 24)

First Group Member

PAUL STANLEY SCRUTTON AND BEVERLEY MAUREEN SCRUTTON TRADING AS PHOTOMAT VICTORIA PARK (SHOP 20)

Second Group Member