Larsen v Lynch [2006] FCA 385

FEDERAL COURT OF AUSTRALIA

Larsen v Lynch [2006] FCA 385

PRACTICE AND PROCEDURE – striking out statement of claim – no reasonable cause of action – solicitor accepting instructions from financial adviser to establish a self managed superannuation fund – solicitor not taking instructions directly from clients ‑ scope of solicitors retainer – future representations – pleading that a person was knowingly concerned in, or party to, misleading or deceptive conduct comprising future representations

Trade Practices Act 1974 (Cth) s 52

Federal Court Rules O 11 r 16, O 20 r 2

Citicorp Australia Ltd v O'Brien (1996) 40 NSWLR 398 cited Midland Bank Trust Co Ltd v Hett, Stubbs & Kemp (A Firm) [1979] 1 Ch 384 cited Dalleagles v Australian Securities Commission (1991) 4 WAR 325 cited Hawkins v Clayton (1988) 164 CLR 539 cited Australian Competition & Consumer Commission v Michigan Group Pty Ltd [2002] FCA 1439 applied Yorke v Lucas (1985) 158 CLR 661 applied PAUL PETER LARSEN and HELEN LARSEN v RICHARD LYNCH and DAVID WRIGHT and JOHN CHRISTOPHER HOGAN WAD 298 OF 2004 SIOPIS J 7 APRIL 2006 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 298 OF 2004

BETWEEN: PAUL PETER LARSEN and HELEN LARSEN

APPLICANTS

AND: RICHARD LYNCH

FIRST RESPONDENT

DAVID WRIGHT

SECOND RESPONDENT

JOHN CHRISTOPHER HOGAN

THIRD RESPONDENT

JUDGE: SIOPIS J

DATE OF ORDER: 7 APRIL 2006

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1 Paragraph 37 and par 38 of the amended statement of claim are struck out. 2 The third respondent's notice of motion dated 20 May 2005 is otherwise dismissed. 3 The applicants have leave to re‑amend the amended statement of claim. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.