Traderight Pty Limited v Bank of Queensland; Bank of Queensland v Traderight Pty Limited; Jude Financial Services Pty Limited v Bank of Queensland; Rossmick No 1 Pty Limited v Bank of Queensland; Bank of Queensland v SME Business Assist Pty Limited; Geraghty & Palmer Pty Limited v Bank of Queensland [2010] NSWSC 139

266 ALR 503 238 FLR 358 Reported Decision : [2010] ALMD 5943 [2010] ALMD 6095 [2010] ALMD 5945

New South Wales Supreme Court

CITATION : Traderight Pty Limited v Bank of Queensland; Bank of Queensland v Traderight Pty Limited; Jude Financial Services Pty Limited v Bank of Queensland; Rossmick No 1 Pty Limited v Bank of Queensland; Bank of Queensland v SME Business Assist Pty Limited; Geraghty & Palmer Pty Limited v Bank of Queensland [2010] NSWSC 139 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 11 February 2010

JUDGMENT DATE : 4 March 2010

JURISDICTION : Equity Division

JUDGMENT OF : Ward J

DECISION : Application refused for the BOQ parties to have the matter referred to the Court of Appeal in order to determine theseparate questions.

CATCHWORDS : TRADE PRACTICES – Trade Practices Act 1974 (Cth) – s 51A – deeming provision in s 51A – nature of the onus on representor (whether merely evidentiary) – PRACTICE AND PROCEDURE – Uniform Civil Procedure Rules – Rule 1.21 – Rule 28.2 – motion for separate determination of questions of law – application for removal to the Court of Appeal – conflicting precedent – whether proposition of law assumed, but not considered, in a judgment is binding on a later court – nature of dicta and the extent to which it is binding on a lower court

Civil Procedure Act 2005 Fair Trading Act 1987 (NSW) LEGISLATION CITED : Supreme Court Rules Trade Practices Act (1974) (Cth) Uniform Civil Procedure Rules

CATEGORY : Procedural and other rulings