Leeks v FXC Corporation [2002] FCA 72

FEDERAL COURT OF AUSTRALIA

Leeks v FXC Corporation [2002] FCA 72 TRADE PRACTICES – product liability – action against actual manufacturer of goods – action against deemed manufacturer under s 74A(4) of the Trade Practices Act 1974 – whether actions lie concurrently. PRACTICE AND PROCEDURE – motion to strike out parts of statement of claim – whether reasonable cause of action disclosed. Trade Practices Act 1974 ss 5, 6, 74A, 74B, 74D, 74E, 74G, 75AD Trade Practices Amendment Bill 1992, Explanatory Memorandum Trade Practices Amendment Bill 1978, Explanatory Memorandum Gregg & Tsovaras, "The Liability of Manufacturers and Importers under the Trade Practices Amendment Act 1978" (1979) 10 Fed LR 398 Heydon, Trade Practices Law Miller, Annotated Trade Practices Act (22nd Ed) Dutson, "International Product Liability Litigation" (1996) 22 Monash ULR 244 White v Eurocycle Pty Ltd (1994) 16 ATPR §41-330 referred to Zaravinos v Dairy Farmers Co-operative Ltd (1985) 7 FCR 195 referred to Electricity Trust of South Australia v Krone (Australia) Technique Pty Ltd (1994) 16 ATPR §41-337 referred to FINN J CANBERRA 8 FEBRUARY 2002

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A40 OF 2000

BETWEEN: JUSTIN TODD LEEKS

APPLICANT

AND: FXC CORPORATION

FIRST RESPONDENT

AUSTRALIAN PARACHUTING SAFETY COUNCIL INC

SECOND RESPONDENT

JOHN CHAPMAN

THIRD RESPONDENT

AUSTRALIAN PARACHUTE FEDERATION INC

FOURTH RESPONDENT

AUSTRALIAN PARACHUTING SAFETY COUNCIL INC

CROSS-CLAIMANT to the FIRST CROSS-CLAIM

JUSTIN TODD LEEKS

RESPONDENT to the FIRST CROSS-CLAIM

JUDGE: FINN J

DATE OF ORDER: 8 FEBRUARY 2002