Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stalyce Holdings (Aust) Pty Ltd v Cetec Pty Ltd [2002] FCA 278 PRACTICE AND PROCEDURE – application for removal to the State Supreme Court – interests of justice – whether trial should be by jury – whether consumer protection claims are substantive DEFAMATION – whether the statements pleaded convey the imputations alleged – incompetence of manufacturer – whether formulation of imputations defective
Trade Practices Act 1974 (Cth) ss 52, 65A, 80 and 86A Courts Legislation Amendment (Civil Juries) Act 2001 (NSW) Supreme Court Act 1970 (NSW) s 85 Federal Court of Australia Act 1976 (Cth) ss 39 and 40 Insurance Commissioner v Australian Associated Motor Insurers Ltd (No 2) (1982) 49 ALR 714 cited Mansell v Cumming (1989) 86 ALR 637 distinguished Construction Industry Long Service Leave Board v Odco Pty Ltd (No 2) (1988) ATPR 40-887 discussed Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 referred to Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 followed Ron Hodgson (Trading) Pty Ltd v Belvedere Motors (Hurstville) Pty Ltd [1971] 1 NSWLR 472 referred to Cinevest Ltd v Yirandi Productions Ltd [2001] NSWCA 68 discussed Gatley On Libel and Slander, 9th ed. (1998) STALYCE HOLDINGS (AUST) PTY LTD v CETEC PTY LTD, CHANNEL SEVEN SYDNEY PTY LTD, CHANNEL SEVEN MELBOURNE PTY LTD, CHANNEL SEVEN BRISBANE PTY LTD, CHANNEL SEVEN ADELAIDE PTY LTD, CHANNEL SEVEN PERTH PTY LTD N179 OF 2001 TAMBERLIN J SYDNEY 19 MARCH 2002
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N179 OF 2001
BETWEEN: STALYCE HOLDINGS (AUST) PTY LTD
(ACN 076 326 656)
APPLICANT
AND: CETEC PTY LTD
(ACN 006 573 687)
FIRST RESPONDENT
CHANNEL SEVEN SYDNEY PTY LTD
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