Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Crowley v WorleyParsons Limited [2017] FCA 3 File number: NSD 1292 of 2015
Judge: FOSTER J
Date of judgment: 6 January 2017
Catchwords: PRACTICE AND PROCEDURE – whether a Statement of Claim filed in an investor class action pursuant to Pt IVA of the Federal Court of Australia Act 1976 (Cth) should be struck out in whole or in part as being likely to cause embarrassment, as failing to disclose a reasonable cause of action or as being otherwise an abuse of the process of the Court
Legislation: Australian Consumer Law, ss 4, 18 and 236 Australian Securities and Investments Commission Act 2001 (Cth), ss 12BAB, 12BB, 12DA(1) and 12GF Corporations Act 2001 (Cth) ss 674, 769C, 1041H, 1041I, 1317HA and Pt 7.10, Div 4 Federal Court of Australia Act 1976 (Cth), Pt IVA Federal Court Rules 2011, r 16.21 and r 16.43
Cases cited: Australian Securities and Investments Commission v Storm Financial Ltd (Receivers and Managers Appointed) (In Liq) (No 6) [2012] FCA 996 Bill Acceptance Corporation Ltd v GWA Ltd (1983) 50 ALR 242 Bolitho v Banksia Securities Ltd [2014] VSC 8 Caason Investments Pty Ltd v Cao (2015) 236 FCR 322 Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304 City of Botany Bay Council v Jazabas Pty Ltd (2001) ATPR 46-210 Fair Work Ombudsman v Eastern Colour Pty Ltd (2011) 209 IR 263 Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd (1984) 2 FCR 82 Johnson Tiles Pty Ltd v Esso Australia Ltd (1999) ATPR 41-679 North East Equity Pty Ltd v Proud Nominees Pty Ltd (2010) 269 ALR 262 North East Equity Pty Ltd v Proud Nominees Pty Ltd (2012) 285 ALR 217 Polar Aviation Pty Ltd v Civil Aviation Safety Authority (2012) 203 FCR 325 Police & Nurses Credit Society Ltd v Burgess Rawson (WA) Pty Ltd [2006] FCA 1395 Re HIH Insurance Ltd (In Liq) (2016) 335 ALR 320 SPAR Licensing Pty Ltd v MIS Qld Pty Ltd (2014) 314 ALR 35 Spiteri v Nine Network Australia Pty Ltd [2008] FCA 905 Sykes v Reserve Bank of Australia (1998) 88 FCR 511
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