Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Humphries v Newport Quays Stage 2A Pty Ltd (No 2) [2009] FCA 1135
PRACTICE AND PROCEDURE – application to strike out provisions of Statement of Claim – where plea for rescission of contracts for land because of misleading and deceptive conduct or unconscionability under Trade Practices Act 1974 (Cth) – whether applicants could plead in the alternative claim for order preventing respondents from relying on contract price under s 87 Held: application dismissed – wide power under s 87 – court may refuse to award rescission, but instead order respondents prevented from relying on contract price Federal Court Rules O 11 r 16 Misrepresentation Act 1972 (SA) Trade Practices Act 1974 (Cth) ss 52, 80, 82, 87 Frith v Gold Coast Mineral Springs Pty Ltd (1983) 65 FLR 213 referred to General Steel Industries Inc v Commissioner for Railways (NSW) and Others (1964) 112 CLR 125 referred to JAD International Pty Ltd v International Trucks Australia Limited (1994) 50 FCR 378 referred to Marks v GIO Australia Holdings Limited (1998) 196 CLR 494 referred to Mister Figgins Pty Ltd v Centrepoint Freeholds Pty Ltd (1981) 36 ALR 23 referred to Murphy v Overton Investments Pty Ltd (2004) 216 CLR 388 referred to ANNA KATHRYN HUMPHRIES v NEWPORT QUAYS STAGE 2A PTY LTD ACN 117 374 222, MC MARINA SOUTH LTD ACN 121 362 301 and REBECCA MCFARLANE
SAD 152 of 2008 PETER JOHN HUMPHRIES v NEWPORT QUAYS STAGE 2A PTY LTD ACN 117 374 222, MC MARINA SOUTH LTD ACN 121 362 301 and REBECCA MCFARLANE SAD 153 of 2008
BESANKO J
9 OCTOBER 2009
MELBOURNE VIA VIDEOLINK WITH ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION SAD 152 of 2008
BETWEEN: ANNA KATHRYN HUMPHRIES
Applicant
AND: NEWPORT QUAYS STAGE 2A PTY LTD ACN 117 374 222
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