Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carna Group Pty Ltd v The Griffin Coal Mining Company (No 3) [2020] FCA 576 File number: WAD 354 of 2018
Judge: MCKERRACHER J
Date of judgment: 30 April 2020
Catchwords: PRACTICE AND PROCEDURE – applications for orders to strike out paragraphs of statement of claim – claim of misleading or deceptive conduct under s 18 of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth) – where applicant pleaded that the first respondent made misleading representations as to its ability to meet future payment obligations – whether applicant required to plead specific amounts and due dates of alleged payment obligations
Legislation: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ss 4(1), 4(2), 18
Cases cited: Botany Bay City Council v Jazabas Pty Ltd [2001] NSWCA 94 Carna Group Pty Ltd v The Griffin Coal Mining Company [2019] FCA 1276 Carna Group Pty Ltd v The Griffin Coal Mining Company (No 2) [2019] FCA 2209 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd [2014] NSWCA 158 Sykes v Reserve Bank of Australia (1998) 88 FCR 511; [1998] FCA 1405
Date of hearing: Determined on the papers
Date of last submissions: 14 April 2020
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate