Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brosnan v Katke [2012] FCA 1249 Citation: Brosnan v Katke [2012] FCA 1249
Parties: MICHAEL BROSNAN AND OTHERS v JEFFREY JAMES KATKE AND OTHERS
File number: QUD 384 of 2012
Judge: GREENWOOD J
Date of judgment: 9 November 2012
Catchwords: PRACTICE AND PROCEDURE – consideration of an application to strike out a statement of claim pleading causes of action based upon ss 82 and 87 of the Trade Practices Act 1974 (Cth) in reliance upon contraventions of s 52 of that Act – consideration of aspects of the pleading reliant upon s 51A of that Act – consideration of the pleading of relief against an individual respondent based upon s 75B(c) of that Act – consideration of issues in relation to the provision of particulars
Legislation: Federal Court Rules 2011, r 1.32, 16.02, 16.03, 16.04, 16.21(1), 16.41, 16.43 Trade Practices Act 1974 (Cth), ss 51A, 52, 75B, 82, 87 Australian Consumer Law, s 243
Cases cited: Mummery v Irvings Pty Ltd (1956) 96 CLR 99 - cited Katsilis v Broken Hill Pty Co Ltd (1977) 52 ALJR 189 - cited Young Investments Group Pty Ltd v Mann [2012] FCAFC 107 - cited Yorke v Lucas (1985) 158 CLR 661 - cited Hamilton v Whitehead (1988) 166 CLR 121 - cited Mallan v Lee (1949) 80 CLR 198 - cited
Date of hearing: 18 September 2012
Date of last submissions: 18 September 2012
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
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