Federal Court of Australia
Federal Court of Australia
Agility CIS Ltd v White [2021] FCA 1145 File number(s): VID 195 of 2021
Judgment of: ANDERSON J
Date of judgment: 23 September 2021
Catchwords: PRACTICE AND PROCEDURE – application pursuant to rr 16.21 and 26.01 of the Federal Court Rules 2011 (Cth) and s 31A(2) of the Federal Court of Australia Act 1976 (Cth) to strike out and/or give summary judgment in relation to parts of the applicants' statement of claim – where the applicant alleges a misuse of confidential information – where the applicant has failed to articulate the misuse with sufficient precision – where the applicants' claims in their current form are speculative in nature – application to strike out pleadings pursuant to r 16.21 of the Federal Court Rules 2011 allowed
Legislation: Federal Court Rules 2011 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: Creative Brands Pty Ltd v Franklin [2001] VSC 338 Liberty Financial Pty Ltd v Scott (No 4) (2005) 11 VR 629 Lynx Engineering Consultants Pty Ltd v The ANI Corporation Ltd (No 2) [2009] FCA 363 Ocular Sciences Ltd v Aspect Vision Care Ltd [1997] RPC 289 Pioneer Concrete Services Limited v Galli (1985) VR 675 Reinforced Plastics Applications (Swansea) Limited v Swansea Plastics & Engineering Co Limited [1979] FSR 182
Division: General Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 47
Date of hearing: 16 September 2021
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