Manhattan (Asia) Limited v Dymocks Franchise Systems (China) Limited [2014] FCA 1143

FEDERAL COURT OF AUSTRALIA

Manhattan (Asia) Limited v Dymocks Franchise Systems (China) Limited [2014] FCA 1143 Citation: Manhattan (Asia) Limited v Dymocks Franchise Systems (China) Limited [2014] FCA 1143

Parties: MANHATTAN (ASIA) LIMITED v DYMOCKS FRANCHISE SYSTEMS (CHINA) LIMITED

File number(s): NSD 1612 of 2012

Judge(s): FARRELL J

Date of judgment: 27 October 2014

Catchwords: PRACTICE AND PROCEDURE – application to have statement of claim struck out – application that the proceedings be stayed or dismissed – whether open to applicant on claims as pleaded to prove facts at trial which would give rise to a cause of action – whether matter should be disposed of on a summary basis – whether claims "obviously untenable" or "manifestly groundless" – interests of justice TRADE PRACTICES – alleged contraventions of ss 52 and 59 of the Trade Practices Act 1974 (Cth) – whether Court has jurisdiction under s 5(1) to hear matter – applicant and respondent foreign companies – whether respondent carrying on a business in Australia – whether alleged representations made in trade or commerce between Australia and a place outside Australia COSTS – security for costs – where applicant is a foreign company – where applicant impecunious – whether applicant's impecuniosity caused by respondent – stultification of the litigation – merits of claims – relative size of companies – position of those who stand to benefit from the litigation

Legislation: Trade Practices Act 1974 (Cth) Trade Practices (Industry Codes – Franchising) Regulations 1998 (Cth) Federal Court Rules 2011 (Cth) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Uniform Civil Procedure Rules 2005 (NSW)