Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hart-Roach v Denniss (No 2) [2012] FCA 94 Citation: Hart-Roach v Denniss (No 2) [2012] FCA 94
Parties: RUTH MARY HART-ROACH v BRUCE GORDON THOBURN DENNISS JOHN R MALLOCH REAL ESTATE AVON-SMITH PTY LTD AVON-SMITH FAMILY TRUST CRAIG MCINTOSH MARGARET BLAKER
File number: WAD 411 of 2010
Judge: MCKERRACHER J
Date of judgment: 16 February 2012
Catchwords: PRACTICE AND PROCEDURE - application for summary dismissal - no arguable cause of action identified - inadmissible supporting affidavits - no jurisdiction to review decisions of State courts under residential tenancies legislation - abuse of process - applicant commenced similar proceedings in State court
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A(2) Residential Tenancies Act 1987 (WA) ss 12, 26
Cases cited: Australian Associated Motor Insurers Ltd v NRMA Insurance Ltd (2002) 124 FCR 518 Hart-Roach v Magistrate J A Hawkins [2010] WASC 282 Hart-Roach v Denniss [2011] FCA 26
Date of hearing: 29 November 2011
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 36
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: C McIntosh
Solicitor for the Respondent: Muries Lawyers
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 411 of 2010
BETWEEN: RUTH MARY HART-ROACH
Applicant
AND: BRUCE GORDON THOBURN DENNISS
JOHN R MALLOCH REAL ESTATE
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