Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McGrath v HNSW Pty Limited [2014] FCA 165 Citation: McGrath v HNSW Pty Limited [2014] FCA 165
Parties: JOHN ALBERT BRUCE MCGRATH and VICKI ELIZABETH MCGRATH v HNSW PTY LIMITED, HORWATH MOTOR INDUSTRY SERVICES PTY LIMITED (ACN 104 835 556), DAVID ARTHUR COWPER, WAYNE KENNETH PEARSON and STAVROULA PAPADATOS
File number: NSD 1867 of 2012
Judge: COWDROY J
Date of judgment: 4 March 2014
Catchwords: PRACTICE AND PROCEDURE – pleadings – leave to amend – whether the Federal Court Rules 2011 (Cth) allow for the inclusion of new causes of action in a statement of claim that are beyond the limitation period PRACTICE AND PROCEDURE – pleadings – whether a party who seeks to allege that a person is accessorily liable for the misleading or deceptive representations of another must plead that such person actually knew of the falsity or baselessness of the representation
Legislation: Federal Court of Australia Act 1976 (Cth) s 59 Trade Practices Act 1974 (Cth) ss 52, 75B, 82 Law and Justice Legislation Amendment Act 1994 (Cth) s 44 Federal Court Rules 2011 (Cth) rr 1.32, 1.33, 1.35, 8.21, 16.51, 16.53 Federal Court Rules 1979 (Cth) O 13 r 2 Fair Trading Act 1987 (NSW) s 68 Limitation Act 1969 (NSW) s 14
Cases cited: Australian Competition and Consumer Commission v TF Woollam & Son Pty Ltd (2011) 196 FCR 212 Australian Securities and Investments Commission v Australian Property Custodian Holdings Ltd (No 2) (2013) 213 FCR 289 Baldry v Jackson [1976] 2 NSWLR 415 Environinvest Ltd (in liq) v Former Partnership of Webster, White, Gridley, Nairn, Newman, Peters and Miller (2012) 208 FCR 376 Fernandez v Glev Pty Ltd [2000] FCA 1859 Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd (1978) 140 CLR 216 Medical Benefits Fund of Australia Ltd v Cassidy (2003) 135 FCR 1 Nella v Kingia Pty Ltd (1986) ATPR 40-723 Propell National Valuers (WA) Pty Ltd v Australian Executor Trustees Ltd (2012) 202 FCR 158 Quinlivan v Australian Competition and Consumer Commission (2004) 160 FCR 1 University of Sydney v ResMed Ltd (No 5) [2012] FCA 232 Wardley Australia Limited v The State of Western Australia (1992) 175 CLR 514 Weldon v Neal (1887) 19 QBD 394 Yorke v Lucas (1985) 158 CLR 661
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