Federal Court of Australia
Federal Court of Australia
Kondratenko v Kennards Storage Management Pty Ltd [2024] FCA 913 File number(s): QUD 18 of 2024
Judgment of: MEAGHER J
Date of judgment: 15 August 2024
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1) of the Federal Court Rules 2011 (Cth) – whether the applicant has a reasonable prospect of successfully prosecuting the proceeding – whether a reasonable cause of action is disclosed – whether the proceeding is frivolous or vexatious – whether the proceeding constitutes an abuse of process – where applicant entered into a storage space hire agreement with the first respondent – where applicant claims non-compliance with Australian Consumer Law on the basis of incorrect billing statements – where any alleged overcharges credited – where first respondent apologised for the statement of account that omitted to include relevant entries – where no reasonable cause of action disclosed – where proceedings commenced for an improper purpose – summary judgment granted in favour of the respondents
Legislation: Competition and Consumer Act 2010 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Personal Injuries Proceedings Act 2002 (Qld)
Cases cited: Ashby v Slipper (2014) 219 FCR 322; [2014] FCAFC 15 Banque Commerciale SA, En Liquidation v Akhil Holdings Ltd (1990) 169 CLR 279; [1990] HCA 11 Birch v National Australia Bank Ltd; Campbell v Illawarra Gold Club (No 5) [2014] NSWSC 949 Crocker v Toys 'R US (Australia) Pty Ltd (No 3) [2015] FCA 728 Hamilton v Oades (1989) 166 CLR 486 Moti v R (2011) 245 CLR 456 New Asian Shipping Co Ltd v Omar Farooq Sultan [2005] QSC 228 Pathmanathan v Healthscope Operations Pty Ltd [2020] FCA 65 Pickering v Centrelink [2008] FCA 561 Re Cameron [1996] 2 Qd R 218 Shumack v Commonwealth of Australia [2009] FCA 775 Spencer v The Commonwealth of Australia (2010) 241 CLR 118 Three Rivers District Council v Bank of England (No 3) [2003] 2 AC 1 Walton v Gardiner (1993) 177 CLR 378; [1993] HCA 77
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