Abriel v Australian Guarantee Corporation [1999] FCA 50

Abriel v Australian Guarantee Corporation [1999] FCA 50

The application to dismiss or stay the proceedings failed as the causes of action pleaded by the applicants were not plainly doomed to failure notwithstanding evidentiary difficulties and mediation confidentiality. However, the Amended Statement of Claim was deficient and should be wholly struck out with leave to replead. Claims under the Contracts Review Act 1980 (NSW) were unsustainable in respect of Federal Court orders. The applicants may file a further amended statement of claim.

Jurisdiction
Australia
Judgment Date
05 February 1999
Procedural Posture
Civil / Interlocutory Application to Dismiss or Strike Out Pleadings
Outcome
Application to dismiss or permanently stay proceedings dismissed; Amended Statement of Claim struck out with leave to replead.
Legal Topics
['mediation Privilege' 'unconscionable Dealing' 'undue Influence' 'strike Out of Pleadings' 'settlement Agreements' 'summary Dismissal' 'trade Practices' 'confidentiality of Mediation']
['commercial Law' 'equity' 'evidence' 'contract Law'] ['mediation Privilege' 'unconscionable Dealing' 'undue Influence' 'strike Out of Pleadings' 'settlement Agreements' 'summary Dismissal' 'trade Practices' 'confidentiality of Mediation']

Case Brief

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Procedural Posture

Civil / Interlocutory Application to Dismiss or Strike Out Pleadings

Legal Issues

  1. 1 ['Whether the proceeding should be dismissed or permanently stayed as bound to fail' 'Whether the applicants are precluded from adducing certain evidence due to mediation confidentiality or statute' 'Whether the amended statement of claim discloses a reasonable cause of action or is otherwise defective']

Ratio Decidendi

The application to dismiss or stay the proceedings failed as the causes of action pleaded by the applicants were not plainly doomed to failure notwithstanding evidentiary difficulties and mediation confidentiality. However, the Amended Statement of Claim was deficient and should be wholly struck out with leave to replead. Claims under the Contracts Review Act 1980 (NSW) were unsustainable in respect of Federal Court orders. The applicants may file a further amended statement of claim.

Court Disposition

Application to dismiss or permanently stay proceedings dismissed; Amended Statement of Claim struck out with leave to replead.

Orders

  • ['The application for an order that the proceeding be dismissed, or alternatively permanently stayed, be dismissed.' 'The Amended Statement of Claim be wholly struck out.' 'Paragraphs 4 and 5 of the Application be struck out.' 'The applicants have leave to file and serve a further amended statement of claim by no...