Jarraman Arts Aboriginal Corporation v Tourism Australia [2004] FCA 1536

Jarraman Arts Aboriginal Corporation v Tourism Australia [2004] FCA 1536

The statement of claim had grave deficiencies and was not readily comprehensible as to the case the second respondent had to meet. It failed adequately to identify the second respondent's conduct, the particular representations or communications alleged to be misleading or deceptive, how those representations were misleading, the facts supporting unconscionable conduct, the basis of any accessorial liability, and any conduct justifying relief concerning the deed. The defects could not usefully be cured while maintaining the existing pleading, and discovery before completion of pleadings was not appropriate because the essential elements of the causes of action could be pleaded from the...

Jurisdiction
Australia
Judgment Date
29 November 2004
Procedural Posture
Proceeding Claiming Damages and Declaratory Relief Under the Trade Practices Act 1974 (cth) and Related Relief Concerning a Mortgage and Deed / Second Respondent's Motion to Strike Out the Statement of Claim, With Security for Costs Motions Adjourned
Outcome
Statement of claim struck out; applicants given leave to file and serve an amended statement of claim; matter referred to mediation; security for costs motions adjourned; costs reserved.
Legal Topics
['strike Out of Statement of Claim' 'adequacy of Pleadings' 'representations as to Future Matters' 'accessory Liability and Conduit Communications' 'security for Costs' 'mediation']
['trade Practices' 'civil Procedure' 'pleadings' 'misleading or Deceptive Conduct' 'unconscionable Conduct'] ['strike Out of Statement of Claim' 'adequacy of Pleadings' 'representations as to Future Matters' 'accessory Liability and Conduit Communications' 'security for Costs' 'mediation']

Case Brief

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Procedural Posture

Proceeding Claiming Damages and Declaratory Relief Under the Trade Practices Act 1974 (cth) and Related Relief Concerning a Mortgage and Deed / Second Respondent's Motion to Strike Out the Statement of Claim, With Security for Costs Motions Adjourned

Legal Issues

  1. 1 ['Whether the statement of claim adequately identified the conduct and communications alleged against the second respondent.' 'Whether the pleading adequately identified the elements of misleading or deceptive conduct, unconscionable conduct, and any claim under ss 53 and 59(2) of the Trade Practices Act 1974 (Cth).' 'Whether the statement of claim adequately pleaded facts supporting relief in relation to the deed and mortgage.' 'Whether discovery should occur before completion of pleadings.' 'Whether the statement of claim should be struck out and leave given to amend.']

Ratio Decidendi

The statement of claim had grave deficiencies and was not readily comprehensible as to the case the second respondent had to meet. It failed adequately to identify the second respondent's conduct, the particular representations or communications alleged to be misleading or deceptive, how those representations were misleading, the facts supporting unconscionable conduct, the basis of any accessorial liability, and any conduct justifying relief concerning the deed. The defects could not usefully be cured while maintaining the existing pleading, and discovery before completion of pleadings was not appropriate because the essential elements of the causes of action could be pleaded from the...

Court Disposition

Statement of claim struck out; applicants given leave to file and serve an amended statement of claim; matter referred to mediation; security for costs motions adjourned; costs reserved.

Orders

  • ['The statement of claim filed on 30 June 2004 is struck out.' 'The applicants are given leave to file and serve an amended statement of claim by 23 December 2004.' 'The matter is referred to the Registrar, Northern Territory District Registry, or her nominee for mediation under O 72 of the Federal Court Rules to...