McIntyre v Eastern Prosperity Investments Pte Ltd (No. 4) [2002] FCA 1133

FEDERAL COURT OF AUSTRALIA

McIntyre v Eastern Prosperity Investments Pte Ltd (No 4) [2002] FCA 1133

PRACTICE AND PROCEDURE – pleadings – claim for damages for misleading or deceptive conduct and unconscionable conduct – shopping centre – numerous representations alleged – substantial amount of irrelevant and embarrassing matter pleaded – pleading as a whole defective – two previous pleadings struck out – unfair prejudice to respondents – no prospect of improvement absent competent legal representation – statement of claim struck out – proceedings to be terminated as proceedings under Part IVA until solicitor on the record engaged – question of dismissal of application stood over. Trade Practices Act 1974 (Cth) s 52 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 12 SEPTEMBER 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

KERRY GEORGE AND FREDERICK WILLIAM GEORGE TRADING AS THE HEART COFFEE LOUNGE (SHOP 21)