Carlton, Glenn Raymond & Ors v Pix Print Pty Ltd & Anor [1997] FCA 1140

Carlton, Glenn Raymond & Ors v Pix Print Pty Ltd & Anor [1997] FCA 1140

The respondents’ amended defence and cross-claim were struck out because there remained technical deficiencies, particularly regarding the proper pleading of contracts. Leave was granted for the respondents to deliver a further amended defence and cross-claim. Costs were ordered to follow the ordinary rule despite submissions that the deficiencies were less severe than called for striking out the whole defence and cross-claim.

Parties
First Applicant: Glenn Raymond Carlton and Jennifer Ann Carlton; Second Applicant: G & J Carlton Pty Limited (ACN 071 120 048); First Respondent: Pix Print Pty Limited (ACN 062 004 657); Second Respondent: David Pix
Jurisdiction
Australia
Judgment Date
13 October 1997
Procedural Posture
Civil / Interlocutory Application (striking Out Amended Defence and Cross Claim)
Outcome
Respondents’ amended defence and cross-claim struck out; leave granted to file further amended documents; costs ordered in favour of applicants.
Legal Topics
Pleadings, Strike Out Applications, Costs
Civil Procedure Pleadings Strike Out Applications Costs

Case Brief

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Parties

Glenn Raymond Carlton and Jennifer Ann Carlton

First Applicant

G & J Carlton Pty Limited (ACN 071 120 048)

Second Applicant

Pix Print Pty Limited (ACN 062 004 657)

First Respondent

David Pix

Second Respondent

Procedural Posture

Civil / Interlocutory Application (striking Out Amended Defence and Cross Claim)

Legal Issues

  1. 1 Whether the respondents’ amended defence and cross-claim should be struck out pursuant to O 11 r 16 of the Federal Court Rules
  2. 2 Whether leave should be granted to deliver a further amended defence and cross-claim
  3. 3 Appropriate costs order arising from successful strike out

Ratio Decidendi

The respondents’ amended defence and cross-claim were struck out because there remained technical deficiencies, particularly regarding the proper pleading of contracts. Leave was granted for the respondents to deliver a further amended defence and cross-claim. Costs were ordered to follow the ordinary rule despite submissions that the deficiencies were less severe than called for striking out the whole defence and cross-claim.

Court Disposition

Respondents’ amended defence and cross-claim struck out; leave granted to file further amended documents; costs ordered in favour of applicants.

Orders

  • The respondents' amended defence and cross-claim be struck out pursuant to O 11 r 16 of the Federal Court Rules.
  • The respondents have leave to deliver a further amended defence and cross-claim, such amended defence and cross-claim to be filed and served within twenty-one days.