Agility CIS Ltd v White (No 2) [2022] FCA 293

Agility CIS Ltd v White (No 2) [2022] FCA 293

The amended statement of claim fails to identify the alleged confidential information with sufficient precision, does not adequately specify the alleged misuse, and is expressed in wide, general terms such that the claim is speculative and untenable, warranting that the amended statement of claim be struck out under Rule 16.21 of the Federal Court Rules 2011.

Jurisdiction
Australia
Judgment Date
29 March 2022
Procedural Posture
Interlocutory Application / Strike Out Application of Amended Statement of Claim
Outcome
Amended statement of claim struck out; leave to re-plead granted; costs awarded to Respondents.
Legal Topics
['strike Out Pleadings' 'summary Judgment' 'misuse of Confidential Information' 'pleadings Requirements']
['practice and Procedure' 'employment and Industrial Relations'] ['strike Out Pleadings' 'summary Judgment' 'misuse of Confidential Information' 'pleadings Requirements']

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

Interlocutory Application / Strike Out Application of Amended Statement of Claim

Legal Issues

  1. 1 ["Whether the applicants' amended statement of claim identifies confidential information with sufficient precision" "Whether the applicants' claim articulates misuse of confidential information with sufficient specificity" "Whether the applicants' claim is speculative and discloses a reasonable cause of action"]

Ratio Decidendi

The amended statement of claim fails to identify the alleged confidential information with sufficient precision, does not adequately specify the alleged misuse, and is expressed in wide, general terms such that the claim is speculative and untenable, warranting that the amended statement of claim be struck out under Rule 16.21 of the Federal Court Rules 2011.

Court Disposition

Amended statement of claim struck out; leave to re-plead granted; costs awarded to Respondents.

Orders

  • ["Applicants' Amended Statement of Claim dated 30 November 2021 struck out pursuant to r 16.21 of the Federal Court Rules 2011." 'Leave granted for Applicants to re-plead their Statement of Claim by 4.00 p.m. on 2 May 2022 or as otherwise agreed.' "Applicants to pay Respondents' costs of the application on a lump...