Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nazdall Pty Ltd, in the matter of Yowdall Pty Ltd (as trustee for the Yowdall Unit Trust) v Herrmann [2013] FCA 94 Citation: Nazdall Pty Ltd, in the matter of Yowdall Pty Ltd (as trustee for the Yowdall Unit Trust) v Herrmann [2013] FCA 94
Parties: NAZDALL PTY LTD (ACN 009 649 843) v MURRAY JOHN HERRMANN, CHUN YOW PTY LTD (ACN 009 601 423), CHI KUNG PTY LTD (ACN 081 824 400) and YOWDALL PTY LTD (ACN 115 340 433) (AS TRUSTEE FOR THE YOWDALL UNIT TRUST)
File number: VID 427 of 2012
Judge: REEVES J
Date of judgment: 15 February 2013
Catchwords: PRACTICE AND PROCEDURE – pleadings – strike-out – Rule 16.21 of the Federal Court Rules 2011 – points of claim, points of defence and points of reply – competing strike out applications – whether points of claim, points of defence and points of reply "pleadings" as defined in the Federal Court Rules 2011 – where allegation of fraud raised against persons not parties to the proceedings in points of defence – whether allegation of fraud creates false issue in the proceedings – where allegation of fraud does not directly affect the interests of any of the parties to the proceedings – where allegation of fraud will not advance the defendants' interests – where allowing allegation of fraud, as a false issue, will likely lead to significant delays and costs at trial
Legislation: Building and Construction Industry Improvement Act 2005 (Cth) Federal Court of Australia Act 1976 (Cth) Legislative Instruments Act 2003 (Cth) Federal Court Rules 2011
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41 Andrews v Australia & New Zealand Banking Group Limited (2011) 281 ALR 113; [2011] FCA 388 Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Dare v Pulham (1982) 148 CLR 658 Radisich v McDonald [2010] FCA 762 White v Overland [2001] FCA 1333
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