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Axarlis v Pets Paradise Franchising [2010] FCA 319 | Case summary | Zoe

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Home/Cases/[2010] FCA 319

CTHFCA

Axarlis v Pets Paradise Franchising

[2010] FCA 319

Federal Court of Australia|2010-04-01|Before: Mr P, Streeton J

View original source

At a glance

Source facts

Court

Federal Court of Australia

Decision date

2010-04-01

Before

Mr P, Streeton J

Catchwords

Ex parte Ling v Commonwealth (1995) 58 FCR 129 should be followed - Bankruptcy Act 1966 (Cth), s40(1)(g).

Source

Original judgment source is linked above.

Plain-English guides

Faulty goods: major vs minor problems and refundsAustralia
Unfair contract terms under Australian Consumer LawAustralia
Cancel a door-to-door or cold-call sale (ACL cooling-off)Australia

Catchwords

Ex parte Ling v Commonwealth (1995) 58 FCR 129 should be followed - Bankruptcy Act 1966 (Cth), s40(1)(g).

Judgment (1 paragraphs)

[1]

See Re Brink Ex parte Commercial Banking Company of Sydney Ltd (1980) 30 ALR 433 at 438-9 (Lockhart J).

Parties

Applicant/Plaintiff:

Axarlis

Respondent/Defendant:

Pets Paradise Franchising

Legislation Cited (7)

Trade Practices Act 1974(Cth)

Bankruptcy Act 1966(Cth)

County Court Act 1958(Vic)

Courts (Case Transfer) Act 1991(Vic)

Federal Court of Australia Act 1976(Cth)

Jurisdiction of Courts (Cross-Vesting) Act 1987(Cth)

Judiciary Act 1903(Cth)

Cases Cited (26)

[2009] FMCA 1216

[2009] VSC 144

[2009] VCC 0168

[2009] VCC 0169

(1995) 58 FCR 129

(1960) 104 CLR 346

(2000) 171 ALR 598

(1989) 24 FCR 413

(2003) 198 ALR 331

(1915) 21 CLR 89

(1980) 30 ALR 433

(1982) 64 FLR 323

(2000) 176 ALR 277

Cited By (1)

Smith v Achieve Homes Pty Ltd