Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vassallo Constructions Pty Ltd v Andergrove Lakes Pty Ltd [2014] FCA 862 Citation: Vassallo Constructions Pty Ltd v Andergrove Lakes Pty Ltd [2014] FCA 862
Parties: VASSALLO CONSTRUCTIONS PTY LTD ACN 078 963 498 v ANDERGROVE LAKES PTY LTD ACN 123 210 720
File number: QUD 133 of 2013
Judge: DOWSETT J
Date of judgment: 15 August 2014
Catchwords: PRACTICE AND PROCEDURE – Summary judgment – Where contract alleged to have been made and repudiated – Where same conduct alleged to be misleading or deceptive – Whether no reasonable prospect of success in establishing claims. PRACTICE AND PROCEDURE – Leave to amend – Where party responding to application for summary judgment sought leave to amend statement of claim – Where proposed amendment alleged to have no reasonable prospect of success if granted – Whether application of test for summary judgment to application for leave to amend appropriate – Whether proposed amendments had no reasonable prospect of success.
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, s 236 Federal Court of Australia Act 1976 (Cth) s 31A
Cases cited: ABC v XIVth Commonwealth Games (1988) 18 NSWLR 540 cited Adnunat Pty Ltd v ITW Construction Systems Australia Pty Ltd [2009] FCA 499 followed Ballas v Theophilos (No. 2) (1957) 98 CLR 193 considered Deputy Commissioner of Taxation v Berhad (No 2) [2010] FCA 1296 cited Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd (2008) 167 FCR 372 cited Masters v Cameron (1954) 91 CLR 353 applied Prudential Assurance Co Ltd v Health Minders Pty Ltd (1987) 9 NSWLR 673 considered Quadling v Robinson (1976) 137 CLR 192 considered Smartec Capital Pty Ltd v Centro Properties Ltd [2011] FCA 716 cited Spencer v Commonwealth (2010) 241 CLR 118 applied
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