Federal Court of Australia
Federal Court of Australia
Agility CIS Ltd v White (No 2) [2022] FCA 293 File number(s): VID 195 of 2021
Judgment of: ANDERSON J
Date of judgment: 29 March 2022
Catchwords: PRACTICE AND PROCEDURE – further 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' amended 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 Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Agility CIS Ltd v White [2021] FCA 1145 Australian Competition and Consumer Commission v Pauls Ltd [1999] FCA 1750 CA Inc v ISI Pty Ltd (2012) 95 IPR 424 Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2021] FCA 809; 160 IPR 362 Creative Brands Pty Ltd v Franklin [2001] VSC 338 Gurnett v Macquarie Stevedoring Co Pty Ltd (1955) 75 WN (NSW) 261 IPC Global Pty Ltd v Pavetest Pty Ltd (2012) 122 IPR 445 Jones v Dunkel (1959) 101 CLR 298 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 Meridian VAT Reclaim Australia Pty Ltd v Agius [2006] VSC 503 Niven v Grant (1903) 29 VLR 102 ObjectiVision Pty Ltd v Visionsearch Pty Ltd [2014] FCA 1087 Pioneer Concrete Services Limited v Galli (1985) VR 675 University of Sydney v ObjectiVision Pty Ltd [2019] FCA 1625; 148 IPR 1 Young Investments Group Pty Ltd v Mann [2012] FCAFC 107
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