Mitanis, Angelo & Anor v Pioneer Concrete (Vic) Pty Ltd & Ors [1997] FCA 1040

Mitanis, Angelo & Anor v Pioneer Concrete (Vic) Pty Ltd & Ors [1997] FCA 1040

Paragraphs 51, 52 and 53 of the amended statement of claim do not plead material facts necessary to support allegations of an exclusionary provision in contravention of section 45 of the Trade Practices Act and only repeat statutory language, and so must be struck out.

Parties
Applicants: Angelo Mitanis and Helen Mitanis; First Respondent: Pioneer Concrete (Vic) Pty Ltd; Second Respondent: Delta Directions Pty Ltd; Third Respondent: Stan Dadalias; Fourth Respondent: Peter Metaxas; Fifth Respondent: Keith Septimus Murfet; Sixth Respondent: Tom Tiesi; Seventh Respondent: Athanasios Topouzias; Eighth Respondent: Giuseppe Messina; Ninth Respondent: Pasquale Morlacci; Tenth Respondent: Jim Zoitos; Eleventh Respondent: James Leslie Maggs
Jurisdiction
Australia
Judgment Date
10 October 1997
Procedural Posture
Application to Strike Out Part of Statement of Claim / Interlocutory (striking Out Application)
Outcome
Paragraphs 51, 52 and 53 of statement of claim struck out; applicants have liberty to apply for leave to further amend; applicants to pay costs of the motion.
Legal Topics
Pleadings, Exclusionary Provisions, Section 45 Trade Practices Act, Striking Out Pleadings
Civil Procedure Trade Practices Pleadings Exclusionary Provisions Section 45 Trade Practices Act Striking Out Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Angelo Mitanis and Helen Mitanis

Applicants

Pioneer Concrete (Vic) Pty Ltd

First Respondent

Delta Directions Pty Ltd

Second Respondent

Stan Dadalias

Third Respondent

Peter Metaxas

Fourth Respondent

Keith Septimus Murfet

Fifth Respondent

Tom Tiesi

Sixth Respondent

Athanasios Topouzias

Seventh Respondent

Giuseppe Messina

Eighth Respondent

Pasquale Morlacci

Ninth Respondent

Jim Zoitos

Tenth Respondent

James Leslie Maggs

Eleventh Respondent

Procedural Posture

Application to Strike Out Part of Statement of Claim / Interlocutory (striking Out Application)

Legal Issues

  1. 1 Whether paragraphs 51, 52 and 53 of the amended statement of claim should be struck out for failing to plead material facts supporting a breach of section 45 of the Trade Practices Act 1974 (Cth)

Ratio Decidendi

Paragraphs 51, 52 and 53 of the amended statement of claim do not plead material facts necessary to support allegations of an exclusionary provision in contravention of section 45 of the Trade Practices Act and only repeat statutory language, and so must be struck out.

Court Disposition

Paragraphs 51, 52 and 53 of statement of claim struck out; applicants have liberty to apply for leave to further amend; applicants to pay costs of the motion.

Orders

  • Paragraphs 51, 52 and 53 of the amended statement of claim be struck out.
  • Applicants have liberty to apply to further amend within 21 days, supported by affidavit exhibiting proposed amended statement of claim.