Blow Bar Co Pty Limited v McGann [2018] FCA 293

Blow Bar Co Pty Limited v McGann [2018] FCA 293

The identified paragraphs of the statement of claim are struck out because they fail to state the material facts necessary to give fair notice of the case to be made at trial, as required by Federal Court Rules 2011 (Cth) r 16.02(1)(d).

Parties
First Applicant: Blow Bar Co Pty Limited; Second Applicant: Leigh Dole Pty Limited as Trustee for The Dole Family Trust; First Respondent: Timothy McGann; Second Respondent: Timothy McGann as Trustee for The McGann Family Trust; Third Respondent: TNCD Pty Limited
Jurisdiction
Australia
Judgment Date
16 March 2018
Procedural Posture
Interlocutory Application (motion) / Ruling on Application to Strike Out Parts of Statement of Claim
Outcome
Application granted in part
Legal Topics
Pleadings, Strike Out Application, Material Facts, Statement of Claim, Federal Court Procedure
Practice and Procedure Pleadings Strike Out Application Material Facts Statement of Claim Federal Court Procedure

Case Brief

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Parties

Blow Bar Co Pty Limited

First Applicant

Leigh Dole Pty Limited as Trustee for The Dole Family Trust

Second Applicant

Timothy McGann

First Respondent

Timothy McGann as Trustee for The McGann Family Trust

Second Respondent

TNCD Pty Limited

Third Respondent

Procedural Posture

Interlocutory Application (motion) / Ruling on Application to Strike Out Parts of Statement of Claim

Legal Issues

  1. 1 Whether identified paragraphs of the statement of claim fail to plead material facts as required by Federal Court Rules 2011 (Cth) r 16.02(1)(d)
  2. 2 Whether the pleading gives fair notice of the case to be met at trial

Ratio Decidendi

The identified paragraphs of the statement of claim are struck out because they fail to state the material facts necessary to give fair notice of the case to be made at trial, as required by Federal Court Rules 2011 (Cth) r 16.02(1)(d).

Court Disposition

Application granted in part

Orders

  • Specified paragraphs (29-31, 34, 36, 38, 40, 42, 45, 47, 49, 51-53, 55-57, 60, 62-64, 66, 68-69, 71, 74, 76, 80, 83, 85, 90-92, 95) of the statement of claim are struck out.
  • Applicants have leave to replead by 6 April 2018.