Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Valda Pty Ltd v Macarthur Coal Limited [2012] FCA 1264 Citation: Valda Pty Ltd v Macarthur Coal Limited [2012] FCA 1264
Parties: VALDA PTY LTD (ACN 067 160 678) AND OTHERS (ACCORDING TO THE SCHEDULE) v MACARTHUR COAL LIMITED (096 001 955)
File number: VID 272 of 2012
Judge: KENNY J
Date of judgment: 15 November 2012
Catchwords: PRACTICE AND PROCEDURE — pleadings — leave to amend — whether part of pleading should be struck out — oppression claim under Corporations Act 2001 (Cth) s 232(e) — whether applicants had to plead how alleged conduct was said to be unfair — where mere discriminatory conduct pleaded — pleading failed to disclose reasonable cause of action — likely to cause embarrassment and delay — no leave granted — previous versions of claim struck out —Federal Court Rules 2011 rr 16.02, 16.21, 16.41.
Legislation: Corporations Act 2001 (Cth) Federal Court Rules 2011
Cases cited: Jenkins v Enterprise Gold Mines NL (1992) 6 ACSR 539 Wayde v New South Wales Rugby League Ltd (1985) 180 CLR 459 Shelton v National Roads and Motorists' Association Ltd (2004) 51 ACSR 278 Weatherall v Satellite Receiving Systems (Australia) Pty Ltd (1999) 92 FCR 101
Date of hearing: Determined on the papers
Date of last submissions: 15 October 2012
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 30
Solicitor for the Applicant: Baker Jones
Solicitor for the Respondent Clayton Utz
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 272 of 2012
BETWEEN: VALDA PTY LTD (ACN 067 160 678) AND OTHERS (ACCORDING TO THE SCHEDULE)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate