Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jasmin Solar Pty Ltd v Trina Solar Australia Pty Ltd [2020] FCA 1018 File number(s): QUD 905 of 2015
Judge: DERRINGTON J
Date of judgment: 17 July 2020
Catchwords: PRACTICE – application to strike out paragraphs of statement of claim – whether pleading too vague or imprecise – whether damages said to be caused from misleading conduct are adequately identified – whether causation adequately pleaded – some paragraphs require amendment but none so deficient that they should be struck out SECURITY FOR COSTS – parties agree that security should be provided – question of quantum only – appropriateness of solicitor for party deposing as to the expected quantum – independent expert preferred
Legislation: Australian Consumer Law ss 4, 18 Corporations Act 2001 (Cth) s 1335 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 56 Federal Court Rules 2011 (Cth) rr 1.39, 16.21, 19.01
Cases cited: Australian Competition and Consumer Commission v Online Dealz Pty Ltd [2016] FCA 732 Brundza v Robbie & Co (No 2) (1952) 88 CLR 171 Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 3) (2009) 181 FCR 152 Compaq Computer Australia Pty Ltd v Merry (1998) 157 ALR 1 Fernandez v Glev Pty Ltd [2000] FCA 1859 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Gold Coast City Marina Pty Ltd v Wyzenbeek [2020] HCATrans 54 Lynx Engineering Consultants Pty Ltd v The ANI Corporation Ltd t/as ANI Bradken Rail Transportation Group (No 3) [2010] FCA 32 McKellar v Container Terminal Management Services Ltd (1999) 165 ALR 409 Norcast S.ár.L v Bradken Limited [2012] FCA 765 Pathway Investments Pty Ltd v National Australia Bank Ltd [2012] VSC 97 Quinlivan v Australian Competition and Consumer Commission (2004) 160 FCR 1 Su v Direct Flights International Pty Ltd [1999] ATPR 41-677 Wyzenbeek v Australasian Marine Imports Pty Ltd (in liq) (2019) 373 ALR 79 Wyzenbeek v Australasian Marine Imports Pty Ltd [2017] FCA 1460 Yorke v Lucas (1985) 158 CLR 661
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