Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Devon v Capital Finance Australia Ltd [2014] FCA 1363 Citation: Devon v Capital Finance Australia Ltd [2014] FCA 1363
Parties: KATHLEEN LINDA DEVON v CAPITAL FINANCE AUSTRALIA LTD, AKYMAN INVESTMENTS PTY LTD and MARK NICOLAU
File number(s): VID 312 of 2014
Judge(s): DAVIES J
Date of judgment: 12 December 2014
Catchwords: PRACTICE AND PROCEDURE – Application for summary dismissal under r 26.01(1) of the Federal Court Rules 2011 (Cth) – whether claims were an abuse of process – whether principles of Anshun estoppel apply
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 ss 18 and 87 Corporations Act 2001 (Cth) s 1041H Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA, 12GM Goods Act 1958 (Vic) ss 16, 17, 18, 19, 41 Federal Court Rules 2011 (Cth) r 26.01(1)
Cases cited: Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45 Wong v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 146 FCR 10; [2004] FCAFC 242 Young v Murphy (1994) 13 ACSR 722 Collie (As Trustee for the Terracol Trust) v Merlaw Nominees Pty Ltd [1998] VSC 203 Propell National Valuers (WA) Pty Ltd v Australian Executor Trustees Limited [2012] FCAFC 31 Macchia v Nilant (Trustee) [2006] FCA 213
Date of hearing: 28 November 2014
Place: Melbourne
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