FEDERAL MAGISTRATES COURT OF AUSTRALIA
| FOX v ROBINSON & ORS (No.1) | [2005] FMCA 1310 |
| PRACTICE AND PROCEDURE – Trade Practices – whether Court has jurisdiction – claim against insurer – contract of insurance – no claim under Federal legislation – whether accrued/associated jurisdiction – current proceedings by same Applicant against Respondent in Victorian Civil and Administrative Tribunal. |
| Federal Magistrates Court Rules 2001, Rules 13.10, 17.05 Domestic Building Contract Act (Vic) (1995), ss.59A, 60 Federal Magistrates Act 1999, ss.10, 18 Trade Practices Act 1974, s.52 |
| Fox v Robinson & Anor [2003] FMCA107 Mahoney v AGD Mining & Ors (No 2) [2003] FMCA431 |
| Applicant: | VICTORIA JANE FOX |
| First Respondent: | KRISTINE ANNE ROBINSON |
| Second Respondent: | GODDARD ELLIOTT (A FIRM) |
| Third Respondent: | AUSTRALIAN INTERNATIONAL INSURANCE LIMITED (ACN 006 544 690) |
| File Number: | MLG 645 of 2001 |
| Judgment of: | McInnis FM |
| Hearing date: | 5 September 2005 |
| Delivered at: | Melbourne |
| Delivered on: | 9 September 2005 |
REPRESENTATION
| Counsel for the Applicant: | Mr A Donald |
| Solicitors for the Applicant: | Norris Coates |
| Solicitor for the First Respondent: | Mr J Mackenzie |
| Solicitors for the First Respondent: | J P Mackenzie |
| Solicitors for the Second Respondent: | Minter Ellison |
| Counsel for the Third Respondent: | Mr M H Whitten |
| Solicitors for the Third Respondent: | Melbourne Building & Construction Solicitors Pty Ltd |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
MLG 645 of 2001
| VICTORIA JANE FOX |
Applicant
And
| KRISTINE ANNE ROBINSON |
First Respondent
And
| GODDARD ELLIOTT (A FIRM) |
Second Respondent
And
| AUSTRALIAN INTERNATIONAL INSURANCE LIMITED |
Third Respondent
REASONS FOR JUDGMENT
By an application filed on 27 July 2005, Australian International Insurance Ltd (AIIL) applies for orders pursuant to Rule 17.05 of the Federal Magistrates Court Rules 2001 (the Rules) that the claim brought against it by Victoria Jane Fox (the Applicant) be dismissed on the grounds that the Court does not have jurisdiction in respect of the claim. In the alternative an order is sought, pursuant to Rule 13.10 of the Rules, that the proceedings against AIIL be dismissed or alternatively stayed on the basis that the Applicant's claim for relief against AIIL is frivolous, vexatious and/or an abuse of process of the Court.
The claim by the Applicant against AIIL is set out in a Further Amended Statement of Claim dated 8 April 2005. To understand that part of the claim it is useful to set out a summary of the substantive claim by the applicant against the other respondents, namely Kristine Anne Robinson (the First Respondent) and Goddard Elliott (the Second Respondent) referred to in an earlier decision of the court in Fox v Robinson & Anor [2003] FMCA107, where the court stated:-
“1.In this application Victoria Jane Fox (the Applicant) by application filed 21 August 2001 has made a claim against Kristine Anne Robinson (the First Respondent) and Goddard Elliott (the Second Respondent). The claim against the First Respondent arises from an agreement alleged to be entered into between the Applicant and that Respondent on or about 20 January 2001 in relation to the purchase of land and construction of…
Keep reading for free
Create a free CaseChat account to read Fox v Robinson and Ors (No.1) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2005] FMCA 1310
- Decision Date
CaseChat Overview and Summary
The court examined the nature of the claims against AIIL and the other respondents. The claims against Robinson and Goddard Elliott involved alleged breaches of statutory provisions and misleading and deceptive conduct under the Trade Practices Act 1974. However, the claim against AIIL solely concerned the Applicant's rights and entitlements under an insurance policy established pursuant to a Victorian statutory scheme. The court held that the claims against AIIL were separate, distinct, and severable matters from the claims against the other respondents.
The court concluded that the claim against AIIL did not fall within the Court's accrued or associated jurisdiction, and therefore, the Court did not have jurisdiction to hear and determine the claim. As a result, the claim by the Applicant against AIIL was dismissed with costs.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.