Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jonker v Thomas International Limited Company Number 01568983 (A UK Company) [2017] FCA 1397 File number(s): QUD 333 of 2017
Judge(s): DERRINGTON J
Date of judgment: 30 November 2017
Catchwords: PRACTICE AND PROCEDURE – application to strike out paragraphs of the defence – cross-application for discovery – defendant unable to particularise allegations until after discovery – whether the defendant had identified a sufficiently good defence so as to overcome the suggestion that it was "fishing" PRACTICE AND PROCEDURE – application to strike out paragraphs of the defence as being likely to cause prejudice, embarrassment or a delay in the proceedings – nature of the material to which the Court may have regard
Legislation: Federal Court Act 1976 (Cth) ss 37M, 37N Federal Court Rules 2011 (Cth), rr 16.21, 16.41
Cases cited: C2C Investments Pty Ltd, Re C2C Investments Pty Ltd v Leigh (No 3) [2012] FCA 680 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 Egg and Egg Pulp Marketing Board v K H Korp [1963] VR 378 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Imobilari Pty Ltd v Opes Prime Stockbroking Ltd (2008) 252 ALR 41 Matthews v SPI Electricity Pty Ltd (No 12) [2014] VSC 131 Murphy v Victoria (2014) 45 VR 119 Trade Practices Commission v CC (New South Wales) Pty Ltd (1995) 58 FCR 426 WA Pines Pty Ltd v Bannerman (1980) 41 FLR 175
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