Mario Guarino & Associates Pty Limited v ING Australia Limited [2006] FCA 1737

Mario Guarino & Associates Pty Limited v ING Australia Limited [2006] FCA 1737

The amended statement of claim does not disclose an intelligible cause of action and is embarrassing in its current form; therefore, it should be struck out with leave to re-plead and costs ordered against the applicants.

Jurisdiction
Australia
Judgment Date
17 November 2006
Procedural Posture
Application/motion for Particulars and Striking Out Pleadings / Interlocutory (pleading Stage)
Outcome
Amended statement of claim struck out with leave to re-plead; costs ordered against applicants.
Legal Topics
['pleading Standards' 'misrepresentation' 'agency' 'insurance Contracts']
['civil Procedure'] ['pleading Standards' 'misrepresentation' 'agency' 'insurance Contracts']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application/motion for Particulars and Striking Out Pleadings / Interlocutory (pleading Stage)

Legal Issues

  1. 1 ['Whether the amended statement of claim discloses an intelligible cause of action' 'Whether the pleading is deficient for lack of particularity' 'Whether there is a non sequitur in alleging the applicants had no available defence']

Ratio Decidendi

The amended statement of claim does not disclose an intelligible cause of action and is embarrassing in its current form; therefore, it should be struck out with leave to re-plead and costs ordered against the applicants.

Court Disposition

Amended statement of claim struck out with leave to re-plead; costs ordered against applicants.

Orders

  • ['The amended statement of claim be struck out.' 'Leave be granted to the applicants to re-plead by filing and serving a further amended statement of claim on or before 13 December 2006.' 'The applicants pay the costs of the motion and the costs thrown away by any such amendment.']