Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Australialink Pty Ltd (No 2) [2009] FCA 551
PRACTICE AND PROCEDURE – striking out of a pleading – whether the Statement of Claim discloses a reasonable cause of action – held that the contentions set out in the Statement of Claim are at least arguable – application dismissed Federal Court Rules General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 – applied Imobilari Pty Ltd v Opes Prime Stockbroking Ltd (2008) 252 ALR 41 – cited AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v AUSTRALIALINK PTY LTD ACN 092 507 483, RACHEL LOUISE DARGIE and DESMOND JOHN O'KEEFE
QUD 406 of 2008
SPENDER J
27 MAY 2009
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 406 of 2008
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant
AND: AUSTRALIALINK PTY LTD ACN 092 507 483
First Respondent
RACHEL LOUISE DARGIE
Second Respondent
DESMOND JOHN O'KEEFE
Third Respondent
JUDGE: SPENDER J
DATE OF ORDER: 27 MAY 2009
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The Notice of Motion filed by the respondents seeking to strike out paragraphs of the Statement of Claim is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 406 of 2008
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant
AND: AUSTRALIALINK PTY LTD ACN 092 507 483
First Respondent
RACHEL LOUISE DARGIE
Second Respondent
DESMOND JOHN O'KEEFE
Third Respondent
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