Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fubilan Catering Services Limited v Compass Group (Australia) Pty Ltd
(No 2) [2004] FCA 1034
PRACTICE AND PROCEDURE – pleadings – statement of claim – causes of action – unconscionable conduct – misleading or deceptive conduct – secret commissions – negligence – breach of contract –adequacy of pleading – failure to identify particular applicants affected by relevant conduct – failure to show necessary steps between alleged negligence and loss or damage claimed – other minor defects – various paragraphs struck out – leave to replead. Trade Practices Act 1974 (Cth) Secret Commissions Act 1905 (Cth) Fubilan Catering Services Limited v Compass Group (Australia) Pty Ltd [2004] FCA 532 cited
FUBILAN CATERING SERVICES LIMITED (INCORPORATED IN PAPUA NEW GUINEA), MINERAL RESOURCES STAR MOUNTAINS LIMITED (INCORPORATED IN PAPUA NEW GUINEA) v COMPASS GROUP (AUSTRALIA) PTY LTD (ACN 000 683 125), EUREST (SOUTH PACIFIC) LIMITED (INCORPORATED IN PAPUA NEW GUINEA) and COMPASS GROUP PLC (INCORPORATED IN THE UNITED KINGDOM) W252 OF 2003 FRENCH J 10 AUGUST 2004 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W252 OF 2003
BETWEEN: FUBILAN CATERING SERVICES LIMITED (INCORPORATED IN PAPUA NEW GUINEA)
FIRST APPLICANT
MINERAL RESOURCES STAR MOUNTAINS LIMITED (INCORPORATED IN PAPUA NEW GUINEA)
SECOND APPLICANT
AND: COMPASS GROUP (AUSTRALIA) PTY LTD
(ACN 000 683 125)
FIRST RESPONDENT
EUREST (SOUTH PACIFIC) LIMITED (INCORPORATED IN PAPUA NEW GUINEA)
SECOND RESPONDENT
COMPASS GROUP PLC (INCORPORATED IN THE UNITED KINGDOM)
THIRD RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 10 AUGUST 2004
WHERE MADE: PERTH
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