Morris v IMF Bentham Limited [2018] FCA 1009

FEDERAL COURT OF AUSTRALIA

Morris v IMF Bentham Limited [2018] FCA 1009 File number: NSD 494 of 2017

Judge: WIGNEY J

Date of judgment: 5 July 2018

Catchwords: PRACTICE AND PROCEDURE – application for summary judgment pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth) – whether applicant had reasonable prospects of successfully prosecuting claim based on tort of deceit – where applicant has no standing to prosecute proceedings – where causes of action remain vested in applicant's trustee in bankruptcy pursuant to s 58(1) of the Bankruptcy Act 1966 (Cth) – where claim concerning personal reputational loss not severable and distinct from case of financial or property loss – where deregistered companies proper plaintiffs – where leave of the Court to bring proceedings in name of company not sought – where loss not suffered by applicant personally – where claims statute-barred – where claims based on tort of deceit have no prospects of success – summary dismissal entered in favour of respondents PRACTICE AND PROCEDURE – alternative application to strike out statement of claim pursuant to r 16.21 of the Federal Court Rules 2011 (Cth) – where claim not adequately pleaded – where certain claims discontinued or withdrawn – where appropriate to strike out parts of claim if summary dismissal not ordered

Legislation: Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) ss 18, 21, 236, 237 Australian Securities and Investments Commission Act 2001 (Cth) ss 12CB, 12DA, 12GF, 12GM Bankruptcy Act 1966 (Cth) ss 5, 58, 116, 152, 153 Corporations Act 2001 (Cth) s 912A Federal Court of Australia Act 1976 (Cth) s 31A Trade Practices Act 1974 (Cth) (repealed) ss 51AC, 52, 82, 87 Federal Court Rules 2011 (Cth) r 16.21, 26.01 Limitation Act 1969 (NSW) Div 6, ss 14, 14B, 55