Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Devon v Thirteenth Kaysan Pty Ltd [2016] FCA 1026 Appeal from: Devon v Thirteenth Kaysan Pty Ltd [2016] FCA 357
File number: VID 358 of 2016
Judge: MIDDLETON J
Date of judgment: 19 August 2016
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – whether the decision of the trial judge is attended by sufficient doubt to warrant the grant of leave to appeal. PRACTICE AND PROCEDURE – application for leave to appeal from summary judgment – whether National Credit Code applies – whether debtor was a natural person – whether loan to company secured by mortgage to natural person – allegations of unconscionable conduct and misleading and deceptive conduct – where no intelligible claim identified on pleadings – where no factual foundation identified.
Legislation: Federal Court of Australia Act 1976 (Cth) National Consumer Credit Protection Act 2009 (Cth) National Credit Code
Cases cited: Commonwealth Bank of Australia v Amadio (1983) 151 CLR 447 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Devon v Ji [2016] FCA 797 Devon v Ji [2016] FCA 988 Devon v Thirteenth Kaysan Pty Ltd [2016] FCA 357 Dowling v Commonwealth Bank of Australia [2008] FCA 59
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