Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Latteria Holdings Pty Ltd v Corcoran Parker Pty Ltd [2014] FCA 880 Citation: Latteria Holdings Pty Ltd v Corcoran Parker Pty Ltd [2014] FCA 880
Parties: LATTERIA HOLDINGS PTY LTD v CORCORAN PARKER PTY LTD and DARREN ASKEW
File number: VID 97 of 2014
Judge: MORTIMER J
Date of judgment: 22 August 2014
Catchwords: PRACTICE AND PROCEDURE – Application to join a respondent to proceeding – claims under Competition and Consumer Act 2010 (Cth) and common law breach of contract and duty of care – whether proportionate liability provisions of Wrongs Act 1958 (Vic) apply – whether state legislation "picked up" by Judiciary Act 1903 (Cth) s 79 – whether s 80 of the Judicary Act applies – whether sufficient evidence that proposed respondent is "concurrent wrongdoer" – application to join proposed respondent refused.
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Part 2 Div 2 Subdiv GA Civil Procedure Act 2010 (Vic) s 63 Competition and Consumer Act 2010 (Cth) ss 87CB, 87CD, 87CE, 87CG, 87CH, Sch 2 s 18 Constitution s 109 Fair Trading Act 1999 (Vic) s 9 Federal Court Rules 2011 (Cth) r 9.05 Judiciary Act 1903 (Cth) ss 79, 80 Safety Rehabilitation and Compensation Act 1988 (Cth) Trade Practices Act 1974 (Cth) Wrongs Act 1958 (Vic) ss 24AE, 24AF, 24AH, 24AI, 24AL Wrongs and Limitation of Actions Acts (Insurance Reform) Act 2003 (Vic)
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