Kirela Pty Limited v Westfield Holdings Limited [2002] FCA 1223

Kirela Pty Limited v Westfield Holdings Limited [2002] FCA 1223

The amended statement of claim failed to adequately plead a causal connection between the respondents' allegedly wrongful conduct (particularly the covert campaign) and the loss and damage suffered, or any basis for estoppel by convention, warranting the striking out of paragraph 83 but allowing the applicants leave to amend their pleading.

Parties
First Applicant: Kirela Pty Limited (ACN 079 721 127); Second Applicant: Jagar Holdings Pty Ltd (ABN 29059 598 551); First Respondent: Westfield Holdings Limited (ACN 001 671 496); Second Respondent: Westfield Management Limited (ACN 001 670 579) as Trustee of Westfield Trust; Third Respondent: Westfield Limited (ACN 000 372 79); Fourth Respondent: Westfield Developments Pty Ltd (ACN 001 134 676); Fifth Respondent: Robert Jordan; Sixth Respondent: Andrew Whiteside; Seventh Respondent: Jeffrey Breen; Eighth Respondent: Hooper Communications Pty Ltd (ACN 060 554 805); Ninth Respondent: Kenneth Francis Hooper
Jurisdiction
Australia
Judgment Date
03 October 2002
Procedural Posture
Motion to Strike Out Pleadings / Interlocutory (pleadings; Motion to Strike Out Amended Statement of Claim)
Outcome
Paragraph 83 of the amended statement of claim struck out; leave to further amend granted.
Legal Topics
Pleadings, Causation, Misleading or Deceptive Conduct, Estoppel by Convention, Strike Out Applications
Practice and Procedure Trade Practices Pleadings Causation Misleading or Deceptive Conduct Estoppel by Convention Strike Out Applications

Case Brief

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Parties

Kirela Pty Limited (ACN 079 721 127)

First Applicant

Jagar Holdings Pty Ltd (ABN 29059 598 551)

Second Applicant

Westfield Holdings Limited (ACN 001 671 496)

First Respondent

Westfield Management Limited (ACN 001 670 579) as Trustee of Westfield Trust

Second Respondent

Westfield Limited (ACN 000 372 79)

Third Respondent

Westfield Developments Pty Ltd (ACN 001 134 676)

Fourth Respondent

Robert Jordan

Fifth Respondent

Andrew Whiteside

Sixth Respondent

Jeffrey Breen

Seventh Respondent

Hooper Communications Pty Ltd (ACN 060 554 805)

Eighth Respondent

Kenneth Francis Hooper

Ninth Respondent

Procedural Posture

Motion to Strike Out Pleadings / Interlocutory (pleadings; Motion to Strike Out Amended Statement of Claim)

Legal Issues

  1. 1 Whether the applicants adequately pleaded a causal connection between respondents' conduct and the alleged loss under ss 52, 82 of the Trade Practices Act 1974 (Cth)
  2. 2 Whether paragraph 83 properly pleaded estoppel by convention
  3. 3 Whether leave to amend should be granted

Ratio Decidendi

The amended statement of claim failed to adequately plead a causal connection between the respondents' allegedly wrongful conduct (particularly the covert campaign) and the loss and damage suffered, or any basis for estoppel by convention, warranting the striking out of paragraph 83 but allowing the applicants leave to amend their pleading.

Court Disposition

Paragraph 83 of the amended statement of claim struck out; leave to further amend granted.

Orders

  • Paragraph 83 of the amended statement of claim be struck out.
  • Leave be granted to the applicants to further amend their statement of claim within twenty-one days of the order.