Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PFD Food Services Pty Ltd v NAFDA Pty Ltd [2004] FCA 1218 PFD FOOD SERVICES PTY LTD (ACN 006 972 381) & ORS v NAFDA PTY LTD (ACN 002 953 942) V 763 of 2002 RYAN J 17 SEPTEMBER 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 763 of 2002
BETWEEN: PFD FOOD SERVICES PTY LTD (ACN 006 972 381) & ORS (in accordance with annexed Schedule)
Applicants
AND: NAFDA PTY LTD (ACN 002 953 942)
Respondent
JUDGE: RYAN J
DATE OF ORDER: 17 SEPTEMBER 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Sub-paragraph (a) of the particulars subjoined to paragraph 21 of the further amended statement of claim filed herein on 27 February 2004 be struck out. 2. The applicants have leave, if so advised and in light of the reasons published this day, further to amend, within 28 days of the date of this order, the said further amended statement of claim insofar as the same seeks to allege either or both; (a) breach of fiduciary duty; (b) unconscionable conduct in contravention of s 51AA of the Trade Practices Act 1974 (Cth). 3. The applicants pay the respondent's costs of the amended motion on notice dated 28 March 2003 insofar as it is related to the said further amended statement of claim, including the respondent's costs of the hearing on 29 March 2004. 4. The directions hearing herein be adjourned to 19 November 2004.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 763 of 2002
BETWEEN: PFD FOOD SERVICES PTY LTD (ACN 006 972 381) & ORS (in accordance with annexed Schedule)
Applicants
AND: NAFDA PTY LTD (ACN 002 953 942)
Respondent
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