Airport Information Systems Ltd v BHP Information Technology Pty Ltd [1999] FCA 93

Airport Information Systems Ltd v BHP Information Technology Pty Ltd [1999] FCA 93

Paragraphs 26 to 29 of the statement of claim do not disclose proper causes of action because they allege matters internal to the respondent and, in the case of s 52 of the Trade Practices Act, do not allege conduct communicated to the applicant that could induce the applicant to act to its detriment.

Parties
Applicant: Airport Information Systems Ltd; Respondent: BHP Information Technology Pty Ltd
Jurisdiction
Australia
Judgment Date
10 February 1999
Procedural Posture
Civil / Interlocutory Application
Outcome
Paragraphs 26 to 29 of the statement of claim struck out.
Legal Topics
Pleadings, Misleading and Deceptive Conduct, Repudiation
Contract Law Trade Practices Pleadings Misleading and Deceptive Conduct Repudiation

Case Brief

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Parties

Airport Information Systems Ltd

Applicant

BHP Information Technology Pty Ltd

Respondent

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether paragraphs 26 to 29 of the applicant's statement of claim disclose a proper cause of action.
  2. 2 Application of section 52 of the Trade Practices Act to the pleaded conduct.

Ratio Decidendi

Paragraphs 26 to 29 of the statement of claim do not disclose proper causes of action because they allege matters internal to the respondent and, in the case of s 52 of the Trade Practices Act, do not allege conduct communicated to the applicant that could induce the applicant to act to its detriment.

Court Disposition

Paragraphs 26 to 29 of the statement of claim struck out.

Orders

  • Paragraphs 26 to 29 of the applicant's statement of claim are struck out.