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Kondratenko v Kennards Storage Management Pty Ltd [2024] FCA 913

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PRACTICE AND PROCEDURE - application for summary judgment pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1) of the Federal Court Rules 2011 (Cth) - whether the applicant has a reasonable prospect of successfully prosecuting the proceeding - whether a reasonable cause of action is disclosed - whether the proceeding is frivolous or vexatious - whether the proceeding constitutes an abuse of process - where applicant entered into a storage space hire agreement with the first respondent - where applicant claims non-compliance with Australian Consumer Law on the basis of incorrect billing statements - where any alleged overcharges credited - where first respondent apologised for the statement of account that omitted to include relevant entries - where no reasonable cause of action disclosed - where proceedings commenced for an improper purpose - summary judgment granted in favour of the respondents

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