AMP Crossroads Pty Ltd v Homewares Depot Pty Ltd [2009] NSWSC 751
The strike-out motion must be determined before considering cross-vesting because at the current procedural stage there is no 'special federal matter' for determination. Such a matter can only arise once pleadings are closed and issues joined on alleged contraventions of the Trade Practices Act.
- Jurisdiction
- Australia
- Judgment Date
- 28 July 2009
- Procedural Posture
- Procedural and Other Rulings / Interlocutory Application Determination of Sequence of Motions
- Outcome
- Plaintiff's strike-out motion should be addressed before the application for cross-vesting.
- Legal Topics
- ['cross Vesting' 'strike Out Motion' 'special Federal Matter' 'trade Practices Act']
Case Brief
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Procedural Posture
Procedural and Other Rulings / Interlocutory Application Determination of Sequence of Motions
Legal Issues
- 1 ['Whether strike out motion should be determined before cross-vesting application' "Whether the proceeding currently involves a 'special federal matter' for cross-vesting purposes"]
Ratio Decidendi
The strike-out motion must be determined before considering cross-vesting because at the current procedural stage there is no 'special federal matter' for determination. Such a matter can only arise once pleadings are closed and issues joined on alleged contraventions of the Trade Practices Act.
Court Disposition
Plaintiff's strike-out motion should be addressed before the application for cross-vesting.
Orders
- ["Plaintiff's strike-out motion to be determined prior to cross-vesting application by first and second defendants."]
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