Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Takemoto v Moody's Investors Service Pty Limited (No. 2) [2010] FCA 622 Citation: Takemoto v Moody's Investors Service Pty Limited (No. 2) [2010] FCA 622
Parties: KAZUMI TAKEMOTO v MOODY'S INVESTORS SERVICE PTY LIMITED (ABN 61 003 399 657)
File number: NSD 582 of 2009
Judge: FLICK J
Date of judgment: 17 June 2010
Catchwords: PRACTICE AND PROCEDURE – application to amend – unacceptable uncertainty in pleading – abandonment of trade practices claim – claim resurrected – no explanation – leave to amend refused – proceeding struck out
Legislation: Federal Court of Australia Act 1976 (Cth), s 31A Federal Court Rules, O 11 r 16 Trade Practices Act 1974 (Cth)
Cases cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27, 239 CLR 175, cited Beck v Corrs Chambers Westgarth [2010] FCA 552, cited Strong Wise Limited v Esso Australia Resources Pty Ltd (No 2) [2010] FCA 575, cited Takemoto v Moody's Investors Service Pty Limited [2010] FCA 407, cited
Date of hearing: 11 June 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 35
Counsel for the Applicant: Mr J Berwick
Solicitor for the Applicant: Craddock Murray Neumann Lawyers
Counsel for the Respondent: Mr C N Bova
Solicitor for the Respondent: Mallesons Stephen Jaques
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 582 of 2009
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