Mitanis, Angelo & Anor v Pioneer Concrete (Vic) Pty Ltd & Ors [1998] FCA 234

Mitanis, Angelo & Anor v Pioneer Concrete (Vic) Pty Ltd & Ors [1998] FCA 234

The pleading failed to establish a competitive relationship between Pioneer and Delta Directions Pty Ltd necessary under s 4D of the Trade Practices Act 1974. The relationship was one of regulated contractual co-operation rather than competition. Consequently, the cause of action based on exclusionary provisions cannot stand, and leave to amend paragraphs 51 to 70 of the statement of claim is refused and those paragraphs are struck out.

Parties
Applicant: Angelo Mitanis; Applicant: Helen Mitanis; First Respondent: Pioneer Concrete (Vic) Pty Ltd; Second Respondent: Delta Directions Pty Ltd; Third Respondent: Stan Dadalias; Fourth Respondent: Peter Metaxas; Fifth Respondent: Keith Septimus Murfet; Sixth Respondent: Tom Tiesi; Seventh Respondent: Athanasios Topouzias; Eighth Respondent: Giuseppe Messina; Ninth Respondent: Pasquale Morlacci; Tenth Respondent: Jim Zoitos; Eleventh Respondent: James Leslie Maggs
Jurisdiction
Australia
Judgment Date
25 February 1998
Procedural Posture
Application to Amend Statement of Claim/strike Out Pleadings / Interlocutory Order Reasoning
Outcome
Leave to amend further paragraphs 51 to 70 refused; paragraphs struck out. Leave granted to amend paragraphs 1 to 50 and 71 to 82. Applicants to pay respondents' taxed costs forthwith.
Legal Topics
Exclusionary Provisions, Pleadings, Competitive Relationship, Breach of Contract, Removal of Director, Misleading or Deceptive Conduct, Strike Out Application
Trade Practices Practice and Procedure Costs Exclusionary Provisions Pleadings Competitive Relationship Breach of Contract Removal of Director +2 more

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Parties

Angelo Mitanis

Applicant

Helen Mitanis

Applicant

Pioneer Concrete (Vic) Pty Ltd

First Respondent

Delta Directions Pty Ltd

Second Respondent

Stan Dadalias

Third Respondent

Peter Metaxas

Fourth Respondent

Keith Septimus Murfet

Fifth Respondent

Tom Tiesi

Sixth Respondent

Athanasios Topouzias

Seventh Respondent

Giuseppe Messina

Eighth Respondent

Pasquale Morlacci

Ninth Respondent

Jim Zoitos

Tenth Respondent

James Leslie Maggs

Eleventh Respondent

Procedural Posture

Application to Amend Statement of Claim/strike Out Pleadings / Interlocutory Order Reasoning

Legal Issues

  1. 1 Whether the statement of claim properly pleads material facts to support a cause of action under s 45(2) Trade Practices Act 1974
  2. 2 Whether Pioneer and Delta Directions Pty Ltd were in competition in relation to the acquisition of cartage services as required by s 4D Trade Practices Act 1974
  3. 3 Whether leave to amend paragraphs 51 to 70 of the statement of claim should be granted

Ratio Decidendi

The pleading failed to establish a competitive relationship between Pioneer and Delta Directions Pty Ltd necessary under s 4D of the Trade Practices Act 1974. The relationship was one of regulated contractual co-operation rather than competition. Consequently, the cause of action based on exclusionary provisions cannot stand, and leave to amend paragraphs 51 to 70 of the statement of claim is refused and those paragraphs are struck out.

Court Disposition

Leave to amend further paragraphs 51 to 70 refused; paragraphs struck out. Leave granted to amend paragraphs 1 to 50 and 71 to 82. Applicants to pay respondents' taxed costs forthwith.

Orders

  • Applicants have leave to amend further paragraphs 1 to 50 and 71 to 82 of statement of claim.
  • Leave refused for applicants to amend paragraphs 51 to 70 of statement of claim.