Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sherrin Hire Pty Ltd v Sherrin Rentals Pty Ltd [2015] FCA 1107 Citation: Sherrin Hire Pty Ltd v Sherrin Rentals Pty Ltd [2015] FCA 1107
Parties: SHERRIN HIRE PTY LTD ABN 450 07 741 942 v SHERRIN RENTALS PTY LTD (FORMERLY SHERRIN EQUIPMENT PTY LTD) ABN 520 74 173 756 and MICHAEL PATRICK SHERRIN; SHERRIN RENTALS PTY LTD (FORMERLY SHERRIN EQUIPMENT PTY LTD) ABN 520 74 173 756, MICHAEL PATRICK SHERRIN and SHERRIN EQUIPMENT PTY LTD ABN 39 083 732 012 v TIDD ROSS TODD LTD, TRT (AUST) PTY LTD, PANALAM TECHNOLOGIES LIMITED and AROTAHI TRADING LIMITED
File number: NSD 1981 of 2011
Judge: EDELMAN J
Date of judgment: 15 October 2015
Catchwords: PRACTICE AND PROCEDURE – application to amend statement of claim – written pleading not reflecting the oral submissions concerning what was intended to be pleaded – conflation of different duties – pleading of non-delegable duty of care – nature of non-delegable duty of care – lack of plea of causation
Legislation: Trade Practices Act 1974 (Cth) ss 52, 75B Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) s 18
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