Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
David Jones Ltd v The Australia Institute Ltd [2007] FCA 962
PRACTICE AND PROCEDURE – Federal Court Rules – application for separate trial of issue – separation of conduct in trade or commerce issue from misleading and deceptive conduct issue – Federal Court Rules O 29 r 2 – principles applicable to application of rule – case management considerations – overlap of factual foundations and witnesses – potentiality and consequences for issues of credit arising – possibility of appeal creating multiplicity of proceedings Trade Practices Act 1974 (Cth) ss 52, 75B, 80, 82, 87 Federal Court Rules O 29 r 2 Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215 applied Olbers Co Ltd v Commonwealth of Australia (No. 3) [2003] FCA 651 applied Reading Australia Pty Ltd v Australian Mutual Provident Society (1999) 217 ALR 495 cited Tallglen Pty Ltd & Anor v Pay TV Holdings Pty Ltd & Ors (1996) 22 ACSR 130 cited Village Building Co Ltd v Canberra International Airport Pty Ltd [2003] FCA 1195 cited DAVID JONES LIMITED v THE AUSTRALIA INSTITUTE LIMITED AND CLIVE HAMILTON NSD 2490 OF 2006
EDMONDS J
2 JULY 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2490 OF 2006
BETWEEN: DAVID JONES LIMITED
Applicant
AND: THE AUSTRALIA INSTITUTE LIMITED
First Respondent
CLIVE HAMILTON
Second Respondent
JUDGE: EDMONDS J DATE OF ORDER: 2 JULY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The motion be dismissed. 2. The respondents pay the applicant's costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2490 OF 2006
BETWEEN: DAVID JONES LIMITED
Applicant
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate