Nixon v Slater & Gordon
[2000] FCA 531
Citation 1
…Ltd v RAIA Insurance Brokers Ltd (1992) ATPR 41-176 at 40,419…
General Steel Industries Inc v Commissioner for Railways (NSW)
[1964] HCA 69
Citation 2
…der that the Court could be persuaded by application of the principles in, for example, General Steel Industries Inc v Commissioner of Railways (NSW) (1964) 112 CLR 125, to hold that either cross-clam is so obviously untenable that it cannot possibly succeed however it be pleaded; c.p. Trade Practices Commission v Au…
Manfal Pty Ltd (In Liquidation) v Trade Practices Commission
[1991] HCATrans 64
Citation 3
…On balancing the considerations outlined above, some of which have parallels with those which led Lee J to take a similar course in Trade Practices Commission v Manfal Pty Ltd (in liquidation) (1991) 105 =R 520, I have come firmly to the conclusion that I should refuse leave to the TPC to discontinue its application. In respect of the motion by Sagasco, I consider…
Trade Practices Commission v Australian Iron & Steel Pty Ltd
[1990] FCA 18
Citation 4
…ilways (NSW) (1964) 112 CLR 125, to hold that either cross-clam is so obviously untenable that it cannot possibly succeed however it be pleaded; c.p. Trade Practices Commission v Australian Iron & Steel Pty Ltd (1990) 22 FCR 305. The basis on which the TPC suggests that its own action and, by implication, the cross-claims of both Sagasco and Santos, Part A Statemen…
Equity Access Ltd v Westpac Banking Corporation
[1989] FCA 520
Citation 5
…Court of this Court in Westpac Banking Corporation v Northern Metals Pty Ltd (1989) ATPR 40-953 where Davies and Spender JJ observed at 50,417: " ~ h r s p rov r s ion t u r n s i ts attention t o m a t t e r s done under t h e Trade P r a c t i c e s A c t such a s t h e i s s u e of a s .155 n o t l c e and e n…
Westpac Banking Corporation v Northern Metals Pty Ltd
[1989] FCA 249
Citation 6
…Court of this Court in Westpac Banking Corporation v Northern Metals Pty Ltd (1989) ATPR 40-953 where Davies and Spender JJ observed at 50,417: " ~ h r s p rov r s ion t u r n s i ts attention t o m a t t e r s done under t h e Trade P r a c t i c e s A c t such a s t h e i s s u e of a s .155 n o t l c e and e n t i t l e s a person t o seek from t h e Cour…
Coulson v Gosford Meats Pty Ltd
[1985] FCA 413
Citation 7
…J o n e s ( A u s t r a l i a ) P t y L t d (1985) 7 FCR 109, and is similar to the defect in part of a pleading which was struck out as embarrassing by French J in C h a r l i e C a r t e r P t y L t d v T h e Shop D i s t r i b u t i v e a n d A l l i e d Employees ' A s s o c i a t i o n of Western A u s t r a l…
SCI Operations Pty Ltd v Trade Practices Commission
[1984] FCA 52
Citation 8
…However, as Woodward J observed, at first lnstance in SCI Operations Pty Ltd v Trade Practices Commission (1984) 53 ALR 283, Graham J's statement is not applicable to every case where a plaintiff wishes to discontinue. His Honour then listed the discretionary considerations whlch weighed with him in determining an a…
In The Matter of the Trade Practices Act 1974 as amended (Section 163A) And In The Matter of an Application by Tooth & Co. Ltd
[1978] FCA 19
Citation 9
…hould be struck out, because it seeks the advlsory opinion of the Court on just such a hypothetical question. Reference was made to Re Tooth & CO Ltd (1978) 31 FLR 314 where a Full Court of this Court considered the following two questions stated for its opinion: "(a) Whether upon the facts stated herein this Court…