James, Kingsley Frederick David & Ors v Australian and New Zealand Banking Group Ltd & Ors [1984] FCA 415

James, Kingsley Frederick David & Ors v Australian and New Zealand Banking Group Ltd & Ors [1984] FCA 415

Paragraphs 5, 10 (second sentence), 22, and 30 (as to the particulars) of the statement of claim do not comply with the rules as to pleadings because they do not plead material facts, are prolix, may require oppressive discovery, or do not disclose a cause of action with sufficient particularity. These are to be struck out, but applicants are given leave to amend.

Jurisdiction
Australia
Judgment Date
05 December 1984
Procedural Posture
Application to Strike Out Parts of Statement of Claim / Interlocutory
Outcome
Application granted in part
Legal Topics
['strike Out Pleadings' 'pleading Requirements' 'unconscionable Conduct' 'duress' 'fiduciary Relationship' 'misleading and Deceptive Conduct']
['practice and Procedure' 'commercial Law'] ['strike Out Pleadings' 'pleading Requirements' 'unconscionable Conduct' 'duress' 'fiduciary Relationship' 'misleading and Deceptive Conduct']

Case Brief

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Procedural Posture

Application to Strike Out Parts of Statement of Claim / Interlocutory

Legal Issues

  1. 1 ['Whether certain paragraphs of the statement of claim should be struck out for containing prolixities, evidence rather than material facts, or for failing to disclose a reasonable cause of action' 'Whether the statement of claim pleads material facts necessary to support allegations of unconscionable conduct and duress' 'Whether the particulars of loss and damage are adequately pleaded']

Ratio Decidendi

Paragraphs 5, 10 (second sentence), 22, and 30 (as to the particulars) of the statement of claim do not comply with the rules as to pleadings because they do not plead material facts, are prolix, may require oppressive discovery, or do not disclose a cause of action with sufficient particularity. These are to be struck out, but applicants are given leave to amend.

Court Disposition

Application granted in part

Orders

  • ['Paragraphs 5, 10 (as to the second sentence), 22 and 30 (as to the particulars therein) of the statement of claim be struck out.' 'Applicants have leave to file and serve an amended statement of claim within 14 days.' "Applicants pay the first respondent's costs of the motion."]