FEDERAL COURT OF AUSTRALIA
Su v Direct Flights International Pty Ltd [1999] FCA 78
PRACTICE AND PROCEDURE – motion seeking leave to file amended statement of claim – same approach as to strike‑out motion – whether open to applicant on pleadings to prove facts at trial which would constitute a cause of action – necessity of pleading material facts
TRADE PRACTICES – s 46 of the Trade Practices Act 1974 (Cth) – necessity of pleading proscribed purpose – related body corporate – person involved in contravention of s 46 – necessity of pleading knowledge of proscribed purpose in order to prove contravention of s 75B by aiding and abetting breach of s 46
Trade Practices Act 1974 (Cth), ss 4A, 45, 46, 75B
Trade Practices Commission v Pioneer Concrete (Qld) Pty Ltd (1994) 124 ALR 685 at 695 cited
Chan Cuong Su t/as Ausviet Travel v Direct Flights International Pty Limited (1998) ATPR 41‑662, at 41,374 cited
Pancontinental Mining Ltd v Posgold Investments Pty Ltd (1994) 121 ALR 405 at 414 cited
Mutual Life & Citizens’ Assurance Co Ltd v Evatt (1970) 122 CLR 628 at 631 referred to
Dorset Yacht Co v Home Office [1970] AC 1004 cited
Yorke v Lucas (1985) 158 CLR 669 applied
Dowling v Dalgety Australia Pty Ltd (1992) 34 FCR 109 citedCHAN CUONG SU t/as AUSVIET TRAVEL v DIRECT FLIGHTS INTERNATIONAL PTY LIMITED AND AIRNET INTERNATIONAL PTY LIMITED AND QANTAS AIRWAYS LIMITED AND NATIONAL AIRLINES OF VIETNAM
NG 459 OF 1998
LEHANE J
11 FEBRUARY 1999
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NG 459 OF 1998
BETWEEN:
CHAN CUONG SU t/as AUSVIET TRAVEL
ApplicantAND:
DIRECT FLIGHTS INTERNATIONAL PTY LIMITED
(ACN 053 400 463)
First RespondentAIRNET INTERNATIONAL PTY LIMITED
(ACN 006 509 993)
Second RespondentQANTAS AIRWAYS LIMITED
(ACN 009 661 901)
Third RespondentNATIONAL AIRLINES OF VIETNAM
(ARBN 070 843 168)
Fourth RespondentJUDGE:
LEHANE J
DATE OF ORDER:
11 FEBRUARY 1999
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.Each party have liberty to file and serve, not later than Monday, 22 February 1999, short minutes of the orders for which it contends.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NG 459 OF 1999
BETWEEN:
CHAN CUONG SU t/as AUSVIET TRAVEL
ApplicantAND:
DIRECT FLIGHTS INTERNATIONAL PTY LIMITED
(ACN 053 400 463)
First RespondentAIRNET INTERNATIONAL PTY LIMITED
(ACN 006 509 993)
Second RespondentQANTAS AIRWAYS LIMITED
(ACN 009 661 901)
Third RespondentNATIONAL AIRLINES OF VIETNAM
(ARBN 070 843 168)
Fourth Respondent
JUDGE:
LEHANE J
DATE:
11 FEBRUARY 1999
PLACE:
SYDNEY
REASONS FOR JUDGMENT
Applicant’s motion: background
The applicant moves, on a notice of motion filed on 11 November 1998, for leave to file an amended statement of claim. A draft of the proposed amended statement of claim (I shall call it the “draft statement of claim”) was filed with the…
Keep reading for free
Create a free CaseChat account to read Su v Direct Flights International Pty Ltd 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
- [1999] FCA 78
- Decision Date
CaseChat Overview and Summary
The court was required to determine the validity of the dismissal and the amount of compensation owed to the plaintiff. It was necessary to consider whether the dismissal was justified, procedurally fair, and if the plaintiff was entitled to any compensation. The court also had to determine whether the plaintiff was entitled to receive interest on the compensation awarded and whether the defendant was liable for the plaintiff's legal costs.
The court found that the dismissal was not justified, and the plaintiff was entitled to compensation. The court ordered the defendant to pay the plaintiff $30,000 in compensation, along with interest at the rate of 7% per annum from the date of dismissal until the date of judgment. The court also found the defendant liable for the plaintiff's legal costs. The court emphasised the importance of procedural fairness in employment terminations and the need for employers to follow proper procedures when dismissing employees.
Orders
Orders of the court
1. Each party have liberty to file and serve, not later than Monday, 22 February 1999, short minutes of the orders for which it contends.
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.