NSW Caselaw
New South Wales Supreme Court
CITATION : CURTIN v UNIVERSITY OF NEW SOUTH WALES & ORS [2009] NSWSC 269
HEARING DATE(S) : Monday 30 March 2009
JUDGMENT DATE : 9 April 2009
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : Application to amend the Amended Statement of Claim is refused.
CATCHWORDS : PRACTICE AND PROCEDURE – application to amend pleadings – proposed causes of action under s.42 of the Fair Trading Act 1987 (misleading or deceptive conduct) and s.43 of the Act (unconscionable conduct) – outsourcing of work by first defendant – plaintiff previously employed by first defendant – new contract with outsourcing entity – subsequent dispute between plaintiff and defendants over commercial advantages of outsourcing – alleged misrepresentations by defendants were no made "in trade or commerce" – accordingly, leave to amend should be refused – application dismissed
Civil Procedure Act 2005 (NSW) Contracts Review Act 1980 (NSW) LEGISLATION CITED : Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules
Barto v GPR Managements Services Pty Limited (1991) 33 FCR 389 Bond Corporation Pty Limited v Thiess Contractors Pty Limited (1987) 14 FCR 215 Chappel v Hart (1998) 195 CLR 232 Concrete Constructions (NSW) Pty Limited v Nelson (1990) 169 CLR 594 Curtin v University of New South Wales [2008] NSWSC 586 Curtin v University of New South Wales (No 2) [2008] NSWSC 1236 Finishing Services Pty Limited v Lactos Fresh Pty Limited [2006] FCA FC 177 James v ANZ Banking Group Limited (1985) ATPR 40-504 CASES CITED : Janssen-Cilag Pty Limited v Pfizer Pty Limited (1992) 37 FCR 526 McCarthy v McIntyre [1999] FCA 784 McCormick v Riverwood International Australia Pty Limited [1999] FCA 1640 Marks v GIO Australia Holdings Limited [1998] HCA 98; (1998) 158 ALR 333 Orison Pty Limited v Strategic Minerals Corporation NL (1987) 77 ALR 141 Queensland v J L Holdings Pty Limited (1997) 189 CLR 146 Stoelwinder v Southern Health Care Network (2000) 177 ALR 501 Trade Practices Commission v David Jones (Australia) Pty Limited (1985) 7 FCR 109 Village Building Company Limited v Canberra International Airport Pty Limited (2004) 139 FCR 330 Walker v Salomon Smith Barney Australia Securities Pty Limited [2003] FCA 1099
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