Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kirela Pty Limited v Westfield Holdings Limited [2002] FCA 1223
PRACTICE AND PROCEDURE – pleadings - motion to strike out amended statement of claim – claim under Trade Practices Act 1974 (Cth) ss 52, 82 - whether failure to plead a casual connection between the respondents' allegedly wrongful conduct and the damage allegedly suffered by the applicants – estoppel by convention – alleged covert and overt campaigns by respondent to influence re-zoning of applicants' land
Federal Court Rules O16 r16 Trade Practices Act 1974 (Cth) ss 52, 82
Marks v GIO Australia Holdings Limited [1998] HCA 69; 196 CLR 494 referred to Bond Corporation Pty Ltd v Thiess Contractors Pty Ltd (1987) 14 FCR 215 referred to Council for the City of the Gold Coast v Pioneer Concrete (Qld) Pty Ltd (1998) 157 ALR 135 cited Gould v Vaggelas (1985) 157 CLR 215 referred to Midland Counties Dairy Ltd v Midland Dairies Ltd (1948) 65 RPC 435 cited ConAgra Inc v McCain Foods (Aust) Pty Ltd (1992) 33 FCR 302 cited Legione v Hateley (1983) 152 CLR 406 referred to Con-Stan Industries of Australia Proprietary Limited v Norwich Winterthur Insurance (Australia) Limited (1996) 160 CLR 226 referred to General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 referred to
Spencer Bower and Turner: The Law Relating to Estoppel by Representation, 3rd ed, Butterworths, London, 1977 KIRELA PTY LIMITED (ACN 079 721 127) AND ANOTHER v WESTFIELD HOLDINGS LIMITED (ACN 001 671 496) AND OTHERS N 1038 of 2001 BRANSON J 3 OCTOBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1038 of 2001
BETWEEN: KIRELA PTY LIMITED (ACN 079 721 127)
First Applicant
JAGAR HOLDINGS PTY LTD (ABN 29059 598 551)
Second Applicant
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