Tameeka Group Pty Limited v Landan Pty Limited [2015] FCA 1218

Tameeka Group Pty Limited v Landan Pty Limited [2015] FCA 1218

The Federal Court declined to stay or transfer the proceeding to the Supreme Court of New South Wales on the basis that, except for the issue of removal of the caveat (which could not be determined by the Federal Court), all issues could be dealt with in the existing proceeding and it was in the interests of justice and efficiency to allow the proceeding to continue. The application to strike out paragraphs 31, 35, and 41 of the Statement of Claim (concerning damages) was allowed because the damages claims were not sufficiently pleaded in the alternative and caused confusion as to which applicant claimed which loss, but leave was granted to replead. Other paragraphs were not struck out....

Jurisdiction
Australia
Judgment Date
11 November 2015
Procedural Posture
Interlocutory Application in Existing Federal Court Proceeding / Interlocutory Determination on Stay, Transfer, Strike Out and Particulars, With Orders for Further Pleading
Outcome
Partly allowed—strike out of paragraphs 31, 35 and 41 of Statement of Claim with leave to replead; application otherwise dismissed.
Legal Topics
['stay and Transfer of Proceedings' 'strike Out of Pleadings' 'pleading and Particulars' 'unconscionable Conduct' 'breach of Contract' 'conspiracy by Lawful Means']
['civil Procedure' 'contract Law' 'competition and Consumer Law' 'equity'] ['stay and Transfer of Proceedings' 'strike Out of Pleadings' 'pleading and Particulars' 'unconscionable Conduct' 'breach of Contract' 'conspiracy by Lawful Means']

Case Brief

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Procedural Posture

Interlocutory Application in Existing Federal Court Proceeding / Interlocutory Determination on Stay, Transfer, Strike Out and Particulars, With Orders for Further Pleading

Legal Issues

  1. 1 ['Whether this proceeding should be stayed or transferred to the Supreme Court of New South Wales under s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth)' 'Whether certain paragraphs of the Statement of Claim should be struck out under Federal Court Rules 2011 rr 16.21(1)(c)-(e)' 'Whether particulars should be ordered in relation to certain paragraphs of the Statement of Claim']

Ratio Decidendi

The Federal Court declined to stay or transfer the proceeding to the Supreme Court of New South Wales on the basis that, except for the issue of removal of the caveat (which could not be determined by the Federal Court), all issues could be dealt with in the existing proceeding and it was in the interests of justice and efficiency to allow the proceeding to continue. The application to strike out paragraphs 31, 35, and 41 of the Statement of Claim (concerning damages) was allowed because the damages claims were not sufficiently pleaded in the alternative and caused confusion as to which applicant claimed which loss, but leave was granted to replead. Other paragraphs were not struck out....

Court Disposition

Partly allowed—strike out of paragraphs 31, 35 and 41 of Statement of Claim with leave to replead; application otherwise dismissed.

Orders

  • ['Paragraphs 31, 35 and 41 of the Statement of Claim be struck out.' 'Applicants have leave to re-plead paragraphs 31, 35 and 41 and file an Amended Statement of Claim by 25 November 2015.' 'Applicants to respond to the requests for particulars at paragraphs 3(b), (c), (d) and (e) of the Amended Interlocutory...