McIntyre v Eastern Prosperity Investments Pte Ltd (No 3) [2002] FCA 406

FEDERAL COURT OF AUSTRALIA

McIntyre v Eastern Prosperity Investments Pte Ltd (No 3) [2002] FCA 406

PRACTICE AND PROCEDURE - pleading - whether reasonable cause of action disclosed - representative action - applicants not legally represented - claims of misleading or deceptive conduct in relation to shopping centre operations and refurbishment - unconscionable conduct - most representations not falsified in the pleading - no reasonable cause of action disclosed - possible cause of action in implied representation as to financial capacity of shopping centre owner - no complete plea of unconscionable conduct - statement of claim struck out - limited leave to amend allowed LEGAL ASSISTANCE - practitioner under suspension - leave refused Trade Practices Act 1974 (Cth) 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 8 APRIL 2002 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

DENNIS BEAUMONT AS TRUSTEE FOR THE BEAUMONT FAMILY TRUST TRADING AS INNERSPIN COMPACT DISCS (SHOP 8)

Third Group Member