Michael Hodge KC (with Mr P Strickland and Mr T Rogan) appeared for the applicant, instructed by Maurice Blackburn.
This case concerned an application brought by the respondent to strike-out the whole or alternatively a substantial majority of the further amended statement of claim brought in retaliation to allegedly defective transmission components under guarantee of acceptable quality under s 54 of the Australian Consumer Law.
The principal issue considered by the Court was whether the three categories of complaint regarding the further amended statement of claim were established to strike out the impugned paragraphs pursuant to Rules 16.02, 16.42 and 16.43 of the Federal Court Rules 2011 (Cth).
Anderson J dismissed the respondent’s interlocutory application, ordering the impugned paragraphs of the further amended statement of claim not to be struck out, and that the respondent will file and serve a defence to the FASOC within 28 days of the order.
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