Bass, Michael Reginald & Anor v Permanent Trustee Company Ltd & Ors [1996] FCA 1090

Bass, Michael Reginald & Anor v Permanent Trustee Company Ltd & Ors [1996] FCA 1090

The State of New South Wales is not bound by the Trade Practices Act and claims under it are not maintainable against the State. Other respondents are immune from claims to the extent their acts were within the HomeFund scheme or at the State’s direction. The limitation on cost liability provided by Legal Aid Commission Act is invalid to the extent it conflicts with the Federal Court’s power to award costs.

Jurisdiction
Australia
Judgment Date
12 December 1996
Procedural Posture
Civil / Determination of Preliminary Questions and Orders
Outcome
Preliminary questions answered; partial striking out of claims; leave to amend claims granted
Legal Topics
['state Immunity' 'trade Practices Act' 'fair Trading Act' 'legal Aid Commission Act' 'home Fund Scheme']
['administrative Law' 'statutory Interpretation'] ['state Immunity' 'trade Practices Act' 'fair Trading Act' 'legal Aid Commission Act' 'home Fund Scheme']

Case Brief

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Procedural Posture

Civil / Determination of Preliminary Questions and Orders

Legal Issues

  1. 1 ['Whether the State of New South Wales is bound by the Trade Practices Act' 'Immunity of respondents in relation to the HomeFund scheme' 'Maintainability of proceedings under the Trade Practices Act and Fair Trading Act' "Applicants' protection from costs under Legal Aid Commission Act"]

Ratio Decidendi

The State of New South Wales is not bound by the Trade Practices Act and claims under it are not maintainable against the State. Other respondents are immune from claims to the extent their acts were within the HomeFund scheme or at the State’s direction. The limitation on cost liability provided by Legal Aid Commission Act is invalid to the extent it conflicts with the Federal Court’s power to award costs.

Court Disposition

Preliminary questions answered; partial striking out of claims; leave to amend claims granted

Orders

  • ['Claims under Parts IVA and V of the Trade Practices Act against the State of New South Wales struck out' 'Claims under Part IVA and V of the Trade Practices Act against first, second, fourth, fifth, sixth, seventh and eighth respondents struck out, with leave to amend regarding matters outside HomeFund scheme'...