Federal Court of Australia
Federal Court of Australia
Borody v Vickers [2021] FCA 618 File number: NSD 968 of 2020
Judgment of: THAWLEY J
Date of judgment: 28 May 2021
Date of publication of reasons: 7 June 2021
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment – s 31A of the Federal Court Act 1976 (Cth) – whether applicant has no reasonable prospect of successfully prosecuting the proceedings – whether the respondent is immune from suit on the basis of witness immunity – whether the respondent's conduct was "in trade or commerce" within the meaning of s 18 of the Australian Consumer Law – application allowed
Legislation: Competition and Consumer Act 2010 (Cth) ss 6, 131, Sch 2, Australian Consumer Law, s 18 Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) r 26.01 Uniform Civil Procedure Rules 2005 (NSW) rr 31.18, 31.23, 31.36, Sch 7 cll 1, 2, 3
Cases cited: Attwells v Jackson Lalic Lawyers Pty Ltd (2016) 259 CLR 1 Commonwealth of Australia v Griffiths (2007) 70 NSWLR 268 D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1 Dandaven v Harbeth Holdings Pty Ltd [2008] FCA 955 Little v Law Institute of Victoria (No 3) [1990] VR 257 Meadow v General Medical Council [2007] 1 All ER 1 Ollis v New South Wales Crime Commission (2007) 177 A Crim R 306 Palmer v Durnford Ford [1992] QB 483 Richards v Han [2020] FCA 1886 Scanlon v Director-General, Department of the Arts, Sport and Recreation (2007) 70 NSWLR 1 Spencer v Commonwealth (2010) 241 CLR 118 Stanton v Callaghan [2000] 1 QB 75 Stockland (Constructors) Pty Ltd v Retail Design Group (International) Pty Ltd [2003] NSWCA 84 Watson v M'Ewan [1905] AC 480 Young v Hones [2014] NSWCA 337
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