Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Knauf Plasterboard Pty Ltd v Hardy (No 2) [2017] FCA 808 File number: NSD 433 of 2016
Judge: MARKOVIC J
Date of judgment: 20 July 2017
Catchwords: PRACTICE AND PROCEDURE – application for strike out of defence – where issues raised by defence are matters of contractual construction – whether defence discloses a reasonable defence – application allowed
Legislation: Federal Court Rules 2011 (Cth) r 16.21
Cases cited: Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd (1994) 217 ALR 226 Construction, Forestry, Mining and Energy Union v Hadgkiss (No 2) (2009) 174 FCR 237 Radisich v McDonald (2010) 198 IR 244; [2010] FCA 762 Roadshow Entertainment Pty Ltd v (ACN 053 006 269) Pty Ltd Receiver & Manager Appointed (1997) 42 NSWLR 462
Date of hearing: 5 October 2016, 1 November 2016, 6 April 2017, 1 May 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 60
Counsel for the Applicant: Mr G E S Ng
Solicitor for the Applicant: Russells
Counsel for the First Respondent: Mr B H Taylor
Solicitor for the First Respondent: Mills Oakley
Counsel for the Second Respondent: Mr C R Bailey
Solicitor for the Second Respondent: Williams + Hughes
Counsel for the Third Respondent: The third respondent did not appear
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