Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Boase v Sullivan Commercial Pty Ltd trading as McGees Property (No 2)[2011] FCA 510 Citation: Boase v Sullivan Commercial Pty Ltd trading as McGees Property (No 2) [2011] FCA 510
Parties: TIMOTHY BOASE & JENNY LEE BOASE ATF THE BOASE FAMILY TRUST WITH TRUSTEE TIMOTHY BOASE AS THE REPRESENTATIVE PARTY, SUSAN ELIZABETH BOASE, PAUL ANTHONY BOASE, CHRISTOPHER WILLIAM BOASE, SAMUEL BOASE, ASHLEY JOHN WALLIN, ANTHONY DAVID WALKER & OLIVIA JAYE WALKER ATF THE WALKER FAMILY TRUST, LUCAS HOLT & CHRISTINE & GRAHAM FORLONGE, JANE ELIZABETH GLASS, ROGER KERLEY & JENNIFER ANNE ALFORD, GREG & ELANOR STOCKS, STEVEN & JOSEPHINE PECNIK, IB LEWIS CAMERON, SUSAN ROOSENBOOM, JULIE RETA MINTER, RON & JULIE ANNE REDDINGIUS, DAVID H J & MELISSA A PAYNE, GARRY CHARLES HAWKES & WENDY JOY HAWKES ATF HAWKES FAMILY TRUST, STEPHEN ANDREW CLARKE, BRETT STUBBS-MILLS, CM & MM ALLAN ATF ALLAN SUPER FUND, RAY & JAN GIBLETT, HILARY MONCK, MARIAN TSOKOS & PAUL ANTHONY & CHRISTINE PHILLIPS & ACHILLES KINGSLEY PHILLIPS, GEOFF & SANDRA BOSOTIN ATF THE BOSOTIN FAMILY TRUST and ROBERT BAKER v SULLIVAN COMMERCIAL PTY LTD T/A MCGEES PROPERTY and WAYNE SRHOY
File number: WAD 240 of 2010
Judge: MCKERRACHER J
Date of judgment: 17 May 2011
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment of proceedings under s 31A of the Federal Court of Australia Act 1976 (Cth) – test to be applied – whether there is a real question of law or fact to be determined at trial – whether there is no reasonable prospect of successfully defending the proceedings – claim for damages for misleading and deceptive conduct under the Trade Practices Act 1974 (Cth)
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A(1)
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