Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gough & Gilmour Holdings Pty Ltd v Caterpillar of Australia Pty Ltd [2009] FCA 1429
PRACTICE AND PROCEDURE — leave to serve originating process overseas — need for pleadings to be further amended — question as to jurisdiction of Court to entertain all claims — discretion to refuse leave CONTRACT — implied term of good faith Held: leave refused
Trade Practices Act 1974 (Cth) ss 51A, 52 Federal Court Rules O 8 rr 2, 3, O 11 r 2
Ackers v Austcorp International Ltd [2009] FCA 432, cited Applecross Pte Ltd v Lim [2009] FCA 1102, cited Australian Competition and Consumer Commission v European City Guide SL [2009] FCA 1206, cited Best Australia Ltd v Aquagas Marketing Pty Ltd (1988) 83 ALR 217, referred to Cell Tech Communications Pty Ltd v Nokia Mobile Phones (UK) Ltd (1995) 58 FCR 365, cited H 1976 Nominees Pty Ltd v Galli (1979) 30 ALR 18, cited Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2006] FCAFC 116, 154 FCR 425, referred to McGrath v Australian Naturalcare Products Pty Ltd [2008] FCAFC 2, 165 FCR 230, referred to Merpro Montassa Ltd v Conoco Speciality Productions Inc (1991) 28 FCR 387, cited Sides Engineering Pty Ltd v Energetech Australia Pty Ltd [2005] FCA 1672, cited Skiwing Pty Ltd t/as Café Tiffany's v Trust Co of Australia Ltd (Stockland Property Management Ltd) [2009] FCA 347, 255 ALR 339, referred to Ting v Blanche (1993) 118 ALR 543, applied Trade Practices Commission v The Gillette Company (No 1) (1993) 45 FCR 366, cited West v TWG Services Ltd [2009] FCA 1052, cited Western Australia v Vetter Trittler Pty Ltd (In liq) (Receiver and Manager Appointed) (1991) 30 FCR 102, referred to WSGAL Pty Ltd v Trade Practices Commission (1992) 39 FCR 472, applied
Carter J, Peden E and Tolhurst G, Contract Law in Australia (5th ed, LexisNexis Butterworths, 2007)
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