Federal Court of Australia
Federal Court of Australia
Luna & Co Australia Pty Ltd as Trustee for the Thompson Family Trust v Yuen's Retail Pty Ltd [2023] FCA 365 File number(s): QUD 477 of 2022
Judgment of: DOWNES J
Date of judgment: 21 April 2023
Date of publication of reasons: 24 April 2023
Catchwords: PRACTICE AND PROCEDURE – application to strike out paragraphs of statement of claim – pleaded allegations that false representations were made by first respondent and its sole director in documents provided in relation to sale of business – pleaded allegations as to true position by reference to calculations performed on basis of stated assumptions – pleaded allegation that sole director was knowingly concerned or involved in contraventions of Australian Consumer Law – application dismissed
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) s 236(1) Corporations Act 2001 (Cth) s 727 Trade Practices Act 1974 (Cth) ss 51A, 52, 75B Federal Court Rules 2011 (Cth) rr 16.21, 20.17 Uniform Civil Procedure Rules 1999 (Qld) r 222
Cases cited: Australian Securities and Investments Commission v ActiveSuper Pty Ltd (in liq) (2015) 235 FCR 181; [2015] FCA 342 Eggerth v EPI International Pty Ltd [2017] FCA 1547 Harvey v Commonwealth Scientific and Industrial Research Organisation [2000] 2 Qd R 594; [1999] QSC 191 KTC v David [2022] FCAFC 60 Quinlivan v Australian Competition and Consumer Commission (2004) 160 FCR 1; [2004] FCAFC 175 Yorke v Lucas (1985) 158 CLR 661; [1985] HCA 65
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