Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Spiteri v Nine Network Australia Pty Ltd [2008] FCA 905
PRACTICE AND PROCEDURE – motion for summary dismissal of proceedings pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) – whether no reasonable prospects of successfully prosecuting the proceeding – appropriate standard to be satisfied - the onus on party seeking summary judgment is heavy – motion for pleadings in statement of claim be struck out pursuant to O 11 r 16(b) of the Federal Court Rules – whether a pleading has a tendency to cause embarrassment in the proceeding – where pleadings are confusing and inconsistent – leave granted to re-plead pleadings struck out – applicant claims misleading and deceptive conduct by the respondent and breach of contract in relation to employment Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules O 11 r 16(b) Bartlett v Swan Television and Radio Broadcasters Pty Ltd (1995) ATPR 41-434 cited Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd (2006) 236 ALR 720applied Commonwealth Bank of Australia v ACN 000 247 601 Pty Ltd (in liq.) (formerly Stanley Thompson Valuers Pty Ltd) [2006] FCA 1416 considered Dare v Pulham (1982) 148 CLR 658 cited Davids Holdings Pty Ltd v Coles Myer Ltd (1993) ATPR 41-227cited Hicks v Ruddock (2007) 156 FCR 574 considered Jefferson Ford Pty Ltd v Ford Motor Co of Australia Ltd [2008] FCAFC 60 considered Trade Practices Commission v David Jones (Australia) Pty Ltd (1985) 7 FCR 109 cited Vasyli v AOL International Pty Ltd (NG 219/96) (Lehane J, 19 August 1996, unreported) cited White Industries Australia Ltd v Commissioner of Taxation (2007) 160 FCR 298 cited CHRISTINE LORRAINE SPITERI v NINE NETWORK AUSTRALIA PTY LTD
NSD 232 OF 2008
EDMONDS J
13 JUNE 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
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