Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Integrated Finance Pty Ltd v Korong Holdings Pty Ltd [2005] FCA 326
PRACTICE AND PROCEDURE – pleadings – application to strike out statement of claim – whether pleadings fail to disclose a reasonable cause of action.
Fair Trading Act 1987 (SA) Trade Practices Act 1974 (Cth)
Federal Court Rules O 20 r 2
Yorke and Another v Lucas (1985) 158 CLR 661 applied AUSTRALIAN INTEGRATED FINANCE PTY LTD ACN 078 700 044 & ORS v KORONG HOLDINGS PTY LTD (FORMERLY FOX FINANCE COMPANY PTY LTD) ACN 007 845 945 & ORS SAD 206 of 2004 LANDER J 23 MARCH 2005 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD206 OF 2004
BETWEEN: AUSTRALIAN INTEGRATED FINANCE PTY LTD
ACN 078 700 044
FIRST APPLICANT
ANZ SPECIALISED ASSET FINANCE PTY LTD (FORMERLY ANZ VENDOR SOLUTIONS PTY LTD)
ACN 006 197 459
SECOND APPLICANT
PRO CRETE & PUMPING PTY LTD ACN 096 425 973 (RECEIVERS AND MANAGERS APPOINTED)
(IN LIQUIDATION)
THIRD APPLICANT
AND: KORONG HOLDINGS PTY LTD (FORMERLY FOX FINANCE COMPANY PTY LTD) ACN 007 845 945
FIRST RESPONDENT
CHRISTOPHER JESSOP FOX
SECOND RESPONDENT
PHILLIP LESLIE HOLBROOK
THIRD RESPONDENT
ANDREW JOHN UNDERWOOD
FOURTH RESPONDENT
DEANS AUCTION SERVICES (VICTORIA) PTY LTD
ACN 080 176 067
FIFTH RESPONDENT
SIMON BONES
SIXTH RESPONDENT
JUDGE: LANDER J
DATE OF ORDER: 23 MARCH 2005
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The fourth respondent pay the applicants' costs of the notice of motion filed on 28 February 2005. 3. The fourth respondent, if so advised, provide a request to the applicants for any particulars within 10 days. 4. The applicants respond to the proper request for particulars within 17 days. 5. The fourth respondent file his defence within 28 days. 6. The directions hearing be adjourned until 12 May 2005 at 9.00am. 7. The applicants advise each respondent (other than the fourth respondent) of the date and time of the next directions hearing. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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