Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lee v Westpac Banking Corporation (No 2) [2016] FCA 901 File number: QUD 211 of 2013
Judge: DOWSETT J
Date of judgment: 9 August 2016
Catchwords: PRACTICE AND PROCEDURE –pleadings – application for leave to amend and add a further cause of action to a statement of claim – material facts required to establish a party as a linked credit provider – involvement in contraventions of the Corporations Act 2001 (Cth) and Australian Securities and Investments Commission Act 2001 (Cth) – Yorke v Lucas knowledge – timing of knowledge of contravention
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) s 5, s 12DA, s 12GF Corporations Act 2001 (Cth) s 79, s 1041(H), s 1041(I) Federal Court Rules 2011 (Cth) r 16.43 Trade Practices Act 1974 (Cth) s 73(1), s 73(3), s 73(14), Trade Practices Revision Act 1986 (Cth)
Cases cited: Australian Securities and Investments Commission v Australian Investors Forum Pty Ltd (No 2) (2005) 53 ACSR 305 Digital Cinema Network Pty Ltd v Omnilab Media Pty Ltd (No 2) [2011] FCA 509 Giorgianni v The Queen (1985) 156 CLR 473 Yorke v Lucas (1985) 158 CLR 661
Date of hearing: 30 November 2015
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 44
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