Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McCracken v Stocklands Developments Pty Ltd (ACN 000 064 835) [2010] FCA 271 Citation: McCracken v Stocklands Developments Pty Ltd (ACN 000 064 835) [2010] FCA 271
Parties: DAVID MCCRACKEN v STOCKLANDS DEVELOPMENTS PTY LTD (ACN 000 064 835)
File number(s): NSD 1333 of 2009
Judge: JACOBSON J
Date of judgment: 10 March 2010
Catchwords: PRACTICE AND PROCEDURE – Application to strike out statement of claim – Requirement to plead material facts which give rise to the contravention of the Trade Practices Act 1974 (Cth)
Legislation: Trade Practices Act 1974 (Cth)
Cases cited: Bond Corporation Pty Limited v Thiess Contractors Pty Ltd (1987) 14 FCR 214 followed Wheeler Grace & Pierucci Pty Ltd v Wright (1989) 16 IPR 189 followed Bowler v Hilda Pty Ltd 80 FCR 191 at 205 cited Truth About Motorways Pty Limited v Macquarie Infrastructure (1998) 42 IPR 1 at 6 cited O'Neill v Medical Benefits Fund of Australia Ltd (2002) 122 FCR 455 distinguished Liberty USA Pty Ltd v Telstra Corp Ltd BC 9405964 followed
Date of hearing: 10 March 2010
Date of last submissions: 10 March 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 18
Counsel for the Applicant: Mr T Saunders
Solicitor for the Applicant: Harmers Workplace Lawyers
Counsel for the Respondent: Mr J. L. Trew QC
Solicitor for the Respondent: Toomey Pegg Drevikovsky
IN THE FEDERAL COURT OF AUSTRALIA
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