McIntyre v Eastern Prosperity Investments Pte Ltd (No 5) [2003] FCA 254

FEDERAL COURT OF AUSTRALIA

McIntyre v Eastern Prosperity Investments Pte Ltd (No 5) [2003] FCA 254 PRACTICE AND PROCEDURE – pleading – representative action – claims of misleading or deceptive conduct in relation to shopping centre operations and refurbishment – unconscionable conduct – successive attempts at pleading over two and a half year period – three prior statements of claim struck out – proposed substituted statement of claim – confusing pleading incorporating unsustainable irrelevant and superfluous causes of action – possible cause of action disclosed – pleading requiring further major amendment – amended minute not permitted to stand as statement of claim – discretionary considerations – application dismissed. 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 25 MARCH 2003 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)