Askew Darren John & Ors v Seventh Granite Pty Ltd & Ors [1995] FCA 692
Applicants had no standing to bring proceedings relating to property (including trade secrets and confidential information) vested in their respective trustees in bankruptcy; the pleadings failed to disclose a reasonable cause of action as to both bankrupt and company applicants; summary dismissal was appropriate.
- Jurisdiction
- Australia
- Judgment Date
- 01 September 1995
- Procedural Posture
- Practice and Procedure / Application to Dismiss or Stay Proceedings/strike Out Pleading
- Outcome
- Proceeding dismissed; costs awarded to respondents
- Legal Topics
- ['standing' 'strike Out of Pleading' 'bankrupt’s Property' 'trade Practices – S 52' 'breach of Confidence']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Practice and Procedure / Application to Dismiss or Stay Proceedings/strike Out Pleading
Legal Issues
- 1 ['Whether the applicants had standing in respect of property vested in the trustees in bankruptcy' 'Whether pleading disclosed a reasonable cause of action' 'Whether the proceedings should be stayed, dismissed, or the pleading struck out']
Ratio Decidendi
Applicants had no standing to bring proceedings relating to property (including trade secrets and confidential information) vested in their respective trustees in bankruptcy; the pleadings failed to disclose a reasonable cause of action as to both bankrupt and company applicants; summary dismissal was appropriate.
Court Disposition
Proceeding dismissed; costs awarded to respondents
Orders
- ['The proceeding be dismissed.' "The applicants pay the respondents' costs of the proceeding including reserved costs."]
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment