Atkins v Master Builders Association of NSW [2005] FCA 1402

FEDERAL COURT OF AUSTRALIA

Atkins v Master Builders Association of NSW [2005] FCA 1402

PRACTICE AND PROCEDURE – pleading – alleged contravention of s 46 of the Trade Practices Act 1974 (Cth) – failure to plead material facts – statement of claim struck out. TRADE PRACTICES – alleged misuse of market power in contravention of s 46 of the Trade Practices Act 1974 (Cth) – pleading – failure of statement of claim to plead material facts. Trade Practices Act 1974 (Cth) s 46 Federal Court Rules O 11 r 2(a) The Bega Co-operative Society Limited v The Milk Authority of the Australian Capital Territory (unreported, Federal Court of Australia, Neaves J, 12 May 1992) cited Multigroup Distribution Services Pty Ltd v TNT Australia Pty Ltd (1996) ATPR 41-522 cited Collex Waste Management Pty Limited v Waste Recycling and Processing Service of NSW [1999] FCA 213 cited Australian Automotive Repairers' Association (Political Action Committee) Inc v NRMA Insurance Ltd [2002]FCA 1568 cited Australian Wool Innovation Ltd v Newkirk [2005] FCA 290 cited

KEITH RAYMOND ATKINS v

MASTER BUILDERS ASSOCIATION OF NEW SOUTH WALES NSD 965 OF 2005 LINDGREN J 26 SEPTEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 965 OF 2005

BETWEEN: KEITH RAYMOND ATKINS

APPLICANT

AND: MASTER BUILDERS ASSOCIATION OF

NEW SOUTH WALES

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 26 SEPTEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The statement of claim filed on 23 August 2005 be struck out.

2. The applicant have leave to file and serve an amended statement of claim by 17 October 2005.

3. The applicant pay the respondent's costs of the respondent's motion brought by notice of motion filed on 2 September 2005.