Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lion-Dairy & Drinks Pty Limited v Sinclair Knight Merz Pty Limited [2014] FCA 386 Citation: Lion-Dairy & Drinks Pty Limited v Sinclair Knight Merz Pty Limited [2014] FCA 386
Parties: LION-DAIRY & DRINKS PTY LIMITED (ACN 004 486 631), BERRI PTY LIMITED (ACN 008 077 889) and LD & D AUSTRALIA PTY LTD (ACN 083 019 390) v SINCLAIR KNIGHT MERZ PTY LIMITED (ACN 001 024 095)
File number: NSD 1287 of 2013
Judge: GRIFFITHS J
Date of judgment: 15 April 2014
Catchwords: PRACTICE AND PROCEDURE – application for leave to file cross-claim after defence filed – application made without filing interlocutory application – proposed cross-claim brought against third parties – consideration of provisions relating to apportionment in the Civil Liability Act 2002 (NSW), the Trade Practices Act 1974 (Cth) and the Competition and Consumer Act 2010 (Cth) – consideration of Fudlovski v JGC Accounting & Financial Services Pty Ltd (No 2) [2013] WASC 301 and Fudlovski v JGC Accounting & Financial Services Pty Ltd (No 3) [2013] WASC 476
Legislation: Civil Liability Act 2002 (NSW) Pt 4 Competition and Consumer Act 2010 (Cth) Federal Court of Australia Act 1976 (Cth) s 21 Federal Court Rules 2011 (Cth) rr 15.04, 15.05 Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Trade Practices Act 1974 (Cth) ss 52, 87CB, 87CH
Cases cited: Dymocks Book Arcade Pty Ltd v Capral Ltd [2010] NSWSC 195 Fudlovski v JGC Accounting & Financial Services Pty Ltd (No 2) [2013] WASC 301 Fudlovski v JGC Accounting & Financial Services Pty Ltd (No 3) [2013] WASC 476 St George Bank Limited v M J K Pty Limited [1999] FCA 1752
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