Johnson Tiles Pty Ltd v Esso Australia Ltd [1999] FCA 569

Johnson Tiles Pty Ltd v Esso Australia Ltd [1999] FCA 569

The amended statement of claim sufficiently pleaded the causal link for the s 52 claim because the applicants relied on the totality of Esso's alleged conduct, including the operation of the Longford plant, monopoly supply of gas and silence, rather than silence alone. The negligence pleading, although general, identified duties concerning the design, installation, operation and maintenance of the Longford plant and alleged breaches contributing to the explosion and loss. Given the applicants' lack of access to information about the cause of the explosion and the Court's ability to require particulars and manage the proceeding, the pleading was not so embarrassing or prejudicial that it...

Jurisdiction
Australia
Judgment Date
04 May 1999
Procedural Posture
Practice and Procedure; Application to Strike Out Statement of Claim / Interlocutory Notice of Motion Dated 3 May 1999
Outcome
Respondents' motion dismissed; costs of the motion to be costs in the cause.
Legal Topics
['strike Out Application' 'misleading and Deceptive Conduct' 'causation Pleading' 'silence as Misleading Conduct' 'negligence Pleading' 'duty of Care' 'particulars' 'case Management Discretion']
['practice and Procedure' 'trade Practices' 'tort'] ['strike Out Application' 'misleading and Deceptive Conduct' 'causation Pleading' 'silence as Misleading Conduct' 'negligence Pleading' 'duty of Care' 'particulars' 'case Management Discretion']

Case Brief

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Procedural Posture

Practice and Procedure; Application to Strike Out Statement of Claim / Interlocutory Notice of Motion Dated 3 May 1999

Legal Issues

  1. 1 ['Whether the applicants adequately pleaded material facts establishing the causal link between alleged misleading conduct under s 52 and loss and damage.' "Whether the s 52 pleading had to allege that loss and damage was caused by Esso's silence alone rather than by the totality of Esso's conduct including operation of the plant, monopoly supply of gas and silence." 'Whether the negligence pleading of duty, breach and causation was so wide or embarrassing that the statement of claim should be struck out.' 'Whether any embarrassment or prejudice in the pleadings should be dealt with by particulars and case management rather than striking out the pleading.']

Ratio Decidendi

The amended statement of claim sufficiently pleaded the causal link for the s 52 claim because the applicants relied on the totality of Esso's alleged conduct, including the operation of the Longford plant, monopoly supply of gas and silence, rather than silence alone. The negligence pleading, although general, identified duties concerning the design, installation, operation and maintenance of the Longford plant and alleged breaches contributing to the explosion and loss. Given the applicants' lack of access to information about the cause of the explosion and the Court's ability to require particulars and manage the proceeding, the pleading was not so embarrassing or prejudicial that it...

Court Disposition

Respondents' motion dismissed; costs of the motion to be costs in the cause.

Orders

  • ["The respondent's motion dated 3 May 1999 be dismissed." "The applicants' and the respondents' costs of and incidental to the Motion be costs in the cause."]