Federal Court of Australia
Federal Court of Australia
Batterham v Clayton Utz Partnership [2022] FCA 1435 Appeal from: Application for leave to appeal: Batterham v Clayton Utz Partnership [2022] FCA 360
File number: NSD 304 of 2022
Judgment of: STEWART J
Date of judgment: 30 November 2022
Catchwords: PRACTICE AND PROCEDURE – leave to appeal from summary dismissal – where claims statute-barred – leave to appeal refused
Legislation: Corporations Act 2001 (Cth) s 184 Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) ss 18, 21, 236 Trade Practices Act 1974 (Cth) s 82 Federal Court Rules 2011 (Cth) r 36.01(2)(c)
Cases cited: Batterham v Clayton Utz Partnership [2022] FCA 360 Batterham v QSR Ltd [2006] HCA 23; 225 CLR 237 Décor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 844; 33 FCR 397 Jobbins v Capel Court Corp Ltd [1989] FCA 801; 25 FCR 226 Wardley Australia Ltd v State of Western Australia [1992] HCA 55; 175 CLR 514
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 36
Date of last submissions: 7 October 2022
Date of hearing: Determined on the papers
Counsel for the Applicant: The applicant appeared in person
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