Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lee v Westpac Banking Corporation [2015] FCA 467 Citation: Lee v Westpac Banking Corporation [2015] FCA 467
Parties: JOHN CHARLES LEE and GLENDA MARIAN LEE v WESTPAC BANKING CORPORATION (ABN 33 007 457 141)
File number: QUD 211 of 2013
Judge: DOWSETT J
Date of judgment: 15 May 2015
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for leave to file an amended statement of claim – requirements of pleadings as to condition of mind in r 16.43 of the Federal Court Rules 2011 – what a party pleading the imputed knowledge of a company must identify in its pleadings – whether proposed pleading is deficient – whether leave should be granted
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Trade Practices Act 1974 (Cth)
Cases cited: Australia Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd [2007] ATPR ¶42-210 Australian Competition and Consumer Commission v Radio Rentals Ltd (2005) 146 FCR 292 Krakowski v Eurolynx Properties Ltd (1995) 183 CLR 563 Leinenga v Logan City Council [2006] QSC 294 Three Rivers District Council v Bank of England (No 3) [2001] 2 All ER 513
Date of hearing: 15 August 2014
Date of last submissions: 9 September 2014
Place: Brisbane
Division: GENERAL DIVISION
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