Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coastal Karts Pty Ltd v Bellandra Holdings Pty Ltd [2020] FCA 1075 File number: QUD 478 of 2019
Judge: REEVES J
Date of judgment: 28 July 2020
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment under s 31A(2) of the Federal Court Act 1976 (Cth) and r 26.01 of the Federal Court Rules 2011 (Cth) – whether the applicants in the substantive proceeding have a reasonable prospect of successfully prosecuting their claims – where there are substantial disputes of fact – where the application for summary judgment is filed early in the proceedings – application dismissed with costs
Legislation: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) Federal Court Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Australian Securities and Investments Commission v Cassimatis (2013) 220 FCR 256; [2013] FCA 641 Jefferson Ford Pty Ltd v Ford Motor Company of Australia Limited (2008) 167 FCR 372; [2008] FCAFC 60
Date of hearing: 7 May 2020
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