Cook, T.A. & Anor v Rex Building Co. Pty Ltd & Anor [1986] FCA 559

Leave is granted to the applicants to further amend their statement of claim or provide further particulars, and the question of jurisdiction remains open for argument and determination at a later date.

Parties: Applicant: Trevor Alwyn Cook; Applicant: Janelle Margaret Cook; First Respondent: Rex Building Co. Pty. Limited; Second Respondent: Wyong Shire Council
Jurisdiction: Australia
Judgment Date: 10 July 1986
Procedural Posture: Civil / Interlocutory Motion (strike Out or Further Particulars)
Outcome: leave to amend granted; motion adjourned; costs reserved
Legal Topics: Jurisdiction, Requests for Particulars, Strike Out Application, Federal Jurisdiction, Trade Practices Act Contravention

Trade Practices Jurisdiction Requests for Particulars Strike Out Application Federal Jurisdiction Trade Practices Act Contravention

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Parties

Trevor Alwyn Cook

Applicant

Janelle Margaret Cook

Applicant

Rex Building Co. Pty. Limited

First Respondent

Wyong Shire Council

Second Respondent

Procedural Posture

Civil / Interlocutory Motion (strike Out or Further Particulars)

Legal Issues

1 Whether the Federal Court has jurisdiction under the Trade Practices Act 1974 over the parties and alleged conduct
2 Adequacy of particulars in the amended statement of claim

Ratio Decidendi

Court Disposition

leave to amend granted; motion adjourned; costs reserved

Orders

Leave to file and serve a further amended statement of claim on or before 28 October 1986
If no amended statement of claim is filed, applicants to provide written particulars as requested by first respondent by 28 October 1986