Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brisbane Broncos Leagues Club Ltd v Alleasing Finance Australia Pty Ltd [2011] FCA 466 Citation: Brisbane Broncos Leagues Club Ltd v Alleasing Finance Australia Pty Ltd [2011] FCA 466
Parties: BRISBANE BRONCOS LEAGUES CLUB LTD (ACN 010 798 679) v ALLEASING FINANCE AUSTRALIA PTY LTD (ACN 003 421 136) and TOTAL CONCEPT PROJECTS AUSTRALIA) PTY LTD ACN 073 474 771) (IN LIQUIDATION) BRISBANE BRONCOS LEAGUES CLUB LTD (ACN 010 798 679) v ALLEASING PTY LTD (ACN 008 655 025)
File number(s): NSD 1177 of 2010NSD 1734 of 2010
Judge: JACOBSON J
Date of judgment: 10 May 2011
Catchwords: PRACTICE AND PROCEDURE – Application for summary dismissal of proceeding – Whether claim has no reasonable prospect of success – Whether claim is frivolous, vexatious or abuse of process – Application to strike out of pleadings – Whether pleading tends to cause prejudice, embarrassment or delay TRADE PRACTICES – Exclusive dealing – Third line forcing – Allegation of supply of installation and marketing services to customers on the condition that goods to be installed were to be leased from an agent of supplier – Whether such an acquisition was "from another person" – Whether Trade Practices Act 1974 (Cth) s 47(6) enlivened TRADE PRACTICES – Misleading and deceptive conduct – Question of fact to be determined in all the relevant circumstances
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 1979 (Cth) O 20 r 5, O 11 r 16 Trade Practices Act 1974 (Cth) ss 47, 84
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