Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Banks v Galea [2019] FCA 986 File number: WAD 174 of 2019
Judge: MCKERRACHER J
Date of judgment: 24 June 2019
Catchwords: CORPORATIONS – claim of misleading or deceptive conduct – where the claim relating to the corporation is sought to be struck out – whether the Court has jurisdiction to entertain the claim as pleaded – whether 'loss or damage' is pleaded – whether any oral agreement has been adequately pleaded – where the contract was pleaded to have been entered into prior to the registration of the company – s 131 of the Corporation Act 2001 (Cth) considered PRACTICE AND PROCEDURE – application to strike out paragraphs of the pleadings – amended statement of claim struck out – leave given to re-plead
Legislation: Australian Consumer Law, Sch 2 to the Competition and Consumer Act 2010 (Cth) ss 6, 6(3)(a), 18, 131, 131(1), 236 Corporations Act 2001 (Cth) s 131, 131(1) Fair Trading Act 2010 (WA) s 20(2)
Cases cited: Masters v Cameron (1954) 91 CLR 353
Date of hearing: 10 June 2019
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 24
Counsel for the Applicants: Mr MT McKenna
Solicitor for the Applicants: Gilbert + Tobin
Counsel for the Respondent: Mr CS Williams
Solicitor for the Respondent: Solomon Brothers
ORDERS WAD 174 of 2019
BETWEEN: AARON PETER BANKS First Applicant
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