Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wealthsure Pty Ltd v Financial Ombudsman Service Ltd [2013] FCA 292 Citation: Wealthsure Pty Ltd v Financial Ombudsman Service Ltd [2013] FCA 292
Parties: WEALTHSURE PTY LTD (ACN 097 405 108) v FINANCIAL OMBUDSMAN SERVICE LIMITED (ABN 67 131 124 448) and MR CHRISTOPHER AND MRS JULIE BOX
File number: WAD 459 of 2011
Judge: GILMOUR J
Date of judgment: 4 April 2013
Catchwords: PRACTICE AND PROCEDURE – application for a declaration pursuant to s 1337B (1) of the Corporations Act 2001 (Cth) and s 21 of the Federal Court of Australia Act 1976 (Cth) – whether there were three discrete claims or a single claim and cause of action – whether, if there was a single claim, the claim has been split
Legislation: Corporations Act 2001 (Cth) ss 912A(1)(g), (2), 945A, 947D Corporations Regulations 2001 (Cth) reg 7.6.02(3)
Cases cited: Dealey v Clark (1831) 109 ER 936 Do Carmo v Ford Excavations Proprietary Limited (1984) 154 CLR 234 Melville v Dartmouth Projects Pty Ltd (unreported, Supreme Court of Victoria, Byrne J, 5 December 1997) Mickovski v Financial Ombudsman Service Ltd (2012) 91 ACSR 106 Pioneer Concrete (Vic) Pty Ltd v L Grollo & Co Pty Ltd [1973] VR 473 Sollimano v Nolan [1921] VLR 389 Wickham v Lee (1848) 12 QB 521
Date of hearing: 11 December 2012
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
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