Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fortron Automotive Treatments Pty Ltd v Jones(No 2) [2006] FCA 1401
PRACTICE AND PROCEDURE – application for summary judgment – summary dismissal of proceedings against certain respondents – application of s 31A of the Federal Court of Australia Act – inapplicability to applications to strike out parts of pleadings – nature of "reasonable prospect" assessment required – affidavit of respondents denying relevant knowledge – affidavit unanswered – generality of affidavit – affidavit material insufficient to demonstrate no reasonable prospect of success – motion for summary dismissal dismissed
Trade Practices Act 1974 (Cth) Federal Court of Australia Act 1976 (Cth) s 31A
Duncan v Lipscombe Child Care Services Inc [2006] FCA 458 doubted FORTRON AUTOMOTIVE TREATMENTS PTY LTD v KENNETH JOHN JONES , TREBLEX AUTOMOTIVE PRODUCTS PTY LTD, SHEILA MARY JONES, WILLIAM PATRICK TULLY, HELEN GEORGINA TULLY, VERSALIFE PTY LTD, PETER ALLEN MATTHEWS, DONNA LORRAINE MATTHEWS, GAMMAR GROUPS (THAILAND) CO LTD, GOLD LEAF PRODUCTS CO LTD, PHATCHARA SRIKIJKUL AND PHANU CHANGLOR WAD 380 OF 2005
FRENCH J
27 october 2006
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 380 OF 2005
BETWEEN: FORTRON AUTOMOTIVE TREATMENTS PTY LTD
Applicant
AND: KENNETH JOHN JONES
First Respondent
TREBLEX AUTOMOTIVE PRODUCTS PTY LTD
Second Respondent
SHEILA MARY JONES
Third Respondent
WILLIAM PATRICK TULLY
Fourth Respondent
HELEN GEORGINA TULLY
Fifth Respondent
VERSALIFE PTY LTD
Sixth Respondent
PETER ALLEN MATTHEWS
Seventh Respondent
DONNA LORRAINE MATTHEWS
Eighth Respondent
GAMMAR GROUPS (THAILAND) CO LTD
Ninth Respondent
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