FEDERAL COURT OF AUSTRALIA
Rogers v Asset Loan Co Pty Ltd [2006] FCA 1708
PRACTICE AND PROCEDURE – application for summary judgment – application for dismissal or permanent stay – whether applicant has standing to pursue claims – whether claims are actionable in the Federal Court
BANKRUPTCY – undischarged bankrupt – whether pleadings disclose cause of action which remains with bankrupt pursuant to s 116(2)(g) Bankruptcy Act 1966 (Cth) – meaning of ‘personal injury or wrong’ within s 116(2)(g) Bankruptcy Act
TRADE PRACTICES - whether ss 51AA, 52 and 60 Trade Practices Act 1974 (Cth) can result in a person suffering a personal injury or wrong
PRACTICE AND PROCEDURE – whether statement of claim pleads ‘personal injury or wrong’ – whether statement of claim pleads ‘personal injury or wrong’ attributable to the conduct of the respondents – whether pleadings should be struck out – summary judgment under s 31A Federal Court Act 1976 (Cth) and O 20 r 2 Federal Court Rules
Held: In respect of each of the applicant’s claims, the applicant either does not have standing, the claims are not actionable in the Federal Court or the pleadings are deficient. The applicant should not be given a further opportunity to re-plead. The applicant’s application filed 7 April 2006 is dismissed.
Bankruptcy Act 1966 (Cth) s 116(2)
Federal Court Act 1976 (Cth) s 31A
Trade Practices Act 1974 (Cth) ss 51AA, 52, 60Federal Court Rules O 12 r 1(1), O 20 r 2
ACCC v Maritime Union of Australia [2001] 114 FCR 472 cited
Australian and International Pilots Association v Qantas Airways Limited [2006] FCA 1441 cited
Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd (2003) 197 ALR 153 cited
Australian Competition and Consumer Commission v Fox Symes & Associates Pty Ltd [2005] FCA 1071 applied
Banque Commerciale SA (en liquidation) v Akhil Holdings Ltd (1990) 169 CLR 279 cited
Barclays Bank v Boulter [1999] 1 WLR 1919 cited
Bare v Pulham [1982] 148 CLR 568 cited
Blomley v Ryan (1956) 99 CLR 362 cited
Campbell v Metway Leasing Ltd (1998) ATPR 41-630 cited
Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 cited
Commonwealth Bank of Australia v Spira [2002] NSWSC 905 cited
Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 cited
Cox v Journeaux (No 2) (1935) 52 CLR 713 cited
Daemar v Industrial Commission of New South Wales (1988) 79 ALR cited
Duncan v Lipscombe Child Care Services Inc [2006] FCA 458 cited
Ex parte Vine in re Wilson (1878) 8 Ch D 364 cited
Faulkner v Bluett (1981) 52 FLR 115 applied
Franklins Selfserve Pty Ltd v Austotel Pty Ltd, unreported, New South Wales Supreme Court, Needham J, 10 November 1988 cited
Gould and Birbeck and Bacon v Mount Oxide Mines Ltd (in liq) (1916) 22 CLR 490 cited
Hodges v Webb [1920] 2 Ch 70 cited
Holmes v Goodyear Tyre & Rubber Co (Aust) Ltd (1984) 55 ALR 594 cited
Humane…
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- Case
- [2006] FCA 1708
- Decision Date
CaseChat Overview and Summary
The central legal issues the court had to address were whether the statement of claim presented by Rogers disclosed a valid cause of action, and if Rogers had the standing to pursue the claims in the Federal Court. Additionally, the court needed to determine if the case should be dismissed under the Federal Court Rules or if Rogers should be granted another opportunity to amend the pleadings.
The court found that the statement of claim did not disclose any valid cause of action, or if it did, it was not one in which Rogers had standing to pursue in the Federal Court. The court reasoned that since the case as currently pleaded lacked a viable cause of action or standing, there was no reasonable prospect of success for Rogers. Consequently, the court dismissed the proceedings in accordance with section 31A of the Federal Court Act and Order 20 rule 2 of the Federal Court Rules. The court concluded that granting another opportunity to amend the pleadings would be inappropriate.
The final orders of the court were that the proceedings commenced by the application filed on 7 April 2006 be dismissed and that Rogers pay the costs of and incidental to the proceedings.
Orders
Orders of the court
1. The proceedings in QUD130/2006 commenced by application filed 7 April 2006 by the applicant be dismissed.
2. The applicant pay the costs of and incidental to the proceedings to be taxed if not agreed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: COLLIER J
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