Moresner Pty Ltd & Anor v Australia & New Zealand Banking Group Ltd [1995] FCA 483
The application and statement of claim are not so clearly untenable that they should be struck out summarily; claims of unjust enrichment, assignment of causes of action, and proper party designation are arguable. Therefore, the relief claimed in the notice of motion is refused.
- Jurisdiction
- Australia
- Judgment Date
- 07 July 1995
- Procedural Posture
- Notice of Motion / Ruling on Strike Out and Dismissal Applications
- Outcome
- Relief claimed in the notice of motion is refused.
- Legal Topics
- ['assignment of Causes of Action' 'strike Out Applications' 'choses in Action' 'unjust Enrichment' 'pleading Requirements']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Notice of Motion / Ruling on Strike Out and Dismissal Applications
Legal Issues
- 1 ['Whether the application discloses a reasonable cause of action' 'Whether the assignment of the cause of action to the second applicant is legally effective' 'Whether unjust enrichment is a cause of action' 'Whether the pleadings should be struck out for being embarrassing or disclosing no reasonable cause of action' 'Whether the first applicant should be removed as a party']
Ratio Decidendi
The application and statement of claim are not so clearly untenable that they should be struck out summarily; claims of unjust enrichment, assignment of causes of action, and proper party designation are arguable. Therefore, the relief claimed in the notice of motion is refused.
Court Disposition
Relief claimed in the notice of motion is refused.
Orders
- ['The relief claimed in the notice of motion is refused.']
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