Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Allen v Birdanco Nominees Pty Ltd [2015] FCA 1501 Citation: Allen v Birdanco Nominees Pty Ltd [2015] FCA 1501
Parties: NOEL LINDSAY ALLEN and CIBOREX PTY LTD v BIRDANCO NOMINEES PTY LTD
File number: SAD 362 of 2015
Judge: WHITE J
Date of judgment: 17 December 2015
Catchwords: PRACTICE AND PROCEDURE – pleadings – application to strike out pleadings pursuant to r 16.21 of the Federal Court Rules 2011 (Cth) (FCR) – application for further particulars pursuant to r 16.45 of the FCR – whether statement of claim ambiguous, evasive or embarrassing or likely to cause prejudice or delay – whether claims and material facts properly pleaded – application dismissed
Legislation: Australian Consumer Law (Cth) ss 60, 61 Competition and Consumer Act 2010 (Cth) Sch 2 Federal Court Rules 2011 (Cth) rr 16.21, 16.45
Date of hearing: 17 December 2015
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 30
Counsel for the Applicants: Mr A Lazarevich
Solicitors for the Applicants: RSA Law
Counsel for the Respondents: Mr N Floreani
Solicitors for the Respondents: Gilchrist Connell
Counsel for the Third Party: Dr R Gray
Solicitors for the Third Party: Norman Waterhouse
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 362 of 2015
BETWEEN: NOEL LINDSAY ALLEN
First Plaintiff
CIBOREX PTY LTD
Second Plaintiff
AND: BIRDANCO NOMINEES PTY LTD
Defendant
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