Federal Court of Australia
Federal Court of Australia
Saffari v Latitude Financial Services Australia Holdings Pty Ltd [2024] FCA 573 File number(s): NSD 519 of 2023
Judgment of: PERRY J
Date of judgment: 4 June 2024
Catchwords: PRACTICE AND PROCEDURE – application for joinder of parties where no reasonable cause of action is pleaded against any proposed respondents – application for leave to amend originating application and to file a statement of claim – where no actual loss or damage pleaded for alleged claims in negligence and under the Civil Liability Act 2002 (NSW) – where proposed pleadings do not establish a contractual relationship between the applicant and respondent – where proposed pleadings do not meet statutory criteria for claims under Privacy Act 1988 (Cth), Corporations Act 2001 (Cth) or Competition and Consumer Act 2010 (Cth) – whether proceedings should be dismissed under rule 5.23(1)(b) of the Federal Court Rules for failure of the statement of claim to articulate an arguable cause of action – application dismissed
Legislation: Competition and Consumer Act 2010 (Cth) ss 4K, 82; Schedule 2 (Australian Consumer Law) s 13, 54, 60, 259, 267 Corporations Act 2001 (Cth) ss 167A, 912A, 1324 Federal Court of Australia Act 1976 (Cth) ss 31A, 37M, 37N Privacy Act 1998 (Cth) ss 25, 25A, 28, 52, 55A, 80U, 93, Schedule 1 (Australian Privacy Principles), principle 11 Federal Court Rules 2011 (Cth) rr 5.22, 5.23, 8.05, 8.21, 9.05, 16.53 Civil Liability Act 2002 (NSW) ss 11A
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