AM Stevens Nominees Pty Ltd v Australian Red Cross Society [2002] FCA 1287

FEDERAL COURT OF AUSTRALIA

AM Stevens Pty Ltd v Australian Red Cross Society [2002] FCA 1287

PRACTICE AND PROCEDURE – application to strike out cause of action – whether deficiency of pleading of loss or damage

Federal Court Rules O11 r 16A, O 13 r 2, O 20 r 2A Bond Corporation Pty Ltd v Thiess Contractors Pty Ltd (1987) 14 FCR 215 referred to General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 applied Blacker v National Australia Bank Ltd [2001] FCA 254 referred to Murphy v Overton Investments Pty Ltd (2001) 112 FCR 182 referred to

AM STEVENS PTY LTD v AUSTRALIAN RED CROSS SOCIETY and PRANK NOMINEES PTY LTD (FORMERLY NATIONAL CAPITAL PROPERTIES PTY LTD) AG 99 of 1998 CANBERRA GYLES J 8 OCTOBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG 99 OF 1998

BETWEEN: AM STEVENS PTY LTD

APPLICANT

AND: AUSTRALIAN RED CROSS SOCIETY

FIRST RESPONDENT

PRANK NOMINEES PTY LTD (FORMERLY NATIONAL CAPITAL PROPERTIES PTY LTD)

SECOND RESPONDENT

AND BETWEEN: AUSTRALIAN RED CROSS SOCIETY

FIRST CROSS-CLAIMANT

PRANK NOMINEES PTY LTD (FORMERLY NATIONAL CAPITAL PROPERTIES PTY LTD)

SECOND CROSS-CLAIMANT

AND: LEIGHTON CONTRACTORS PTY LTD

CROSS-RESPONDENT JUDGE: GYLES J

DATE OF ORDER: 8 OCTOBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The motion is dismissed. 2. The costs of the motion are reserved to the disposition of the docket judge. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG 99 OF 1998

BETWEEN: AM STEVENS PTY LTD

APPLICANT