Grahame v Lang Corporation Limited [2001] FCA 916

Grahame v Lang Corporation Limited [2001] FCA 916

It has not been shown that the applicant has no cause of action against the PCS respondents, and imprecisions between pleading and statement do not justify the striking out of the claim at this stage; the matter should proceed to further statements of reliance.

Jurisdiction
Australia
Judgment Date
16 July 2001
Procedural Posture
Application/motion / Interlocutory (strike Out Motion)
Outcome
Notice of Motion dismissed with costs
Legal Topics
['strike Out Application' 'cause of Action' 'misrepresentation' 'reliance' 'agency']
['employment Law' 'representations/misrepresentation' 'procedure (pleadings)'] ['strike Out Application' 'cause of Action' 'misrepresentation' 'reliance' 'agency']

Case Brief

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Procedural Posture

Application/motion / Interlocutory (strike Out Motion)

Legal Issues

  1. 1 ["Whether the applicant's statement as to reliance aligns with the pleadings" "Whether the applicant's case discloses a cause of action against the PCS respondents" 'Sufficiency of particulars regarding representations and reliance']

Ratio Decidendi

It has not been shown that the applicant has no cause of action against the PCS respondents, and imprecisions between pleading and statement do not justify the striking out of the claim at this stage; the matter should proceed to further statements of reliance.

Court Disposition

Notice of Motion dismissed with costs

Orders

  • ['The Notice of Motion brought by the third to eighth respondents (the PCS respondents) is dismissed.' "The PCS respondents are to pay applicant's costs."]