ACCC v Multigroup Distribution [2002] FCA 201

ACCC v Multigroup Distribution [2002] FCA 201

The amended statement of claim was struck out as against Malcolm Roberts because the alleged words attributed to him could not make out the pleaded representation that Multigroup would award contracts to Parker or Parker Freight, and because the pleading failed to plead material facts establishing a causal connection between Roberts' alleged mid-November 1999 misrepresentation and any loss or damage suffered by Parker or Parker Freight, particularly where several pleaded losses pre-dated the alleged representation.

Jurisdiction
Australia
Judgment Date
26 February 2002
Procedural Posture
Trade Practices Proceeding / Notice of Motion by the Third Respondent to Strike Out the Amended Statement of Claim as Against Him
Outcome
The amended statement of claim was struck out as against the third respondent, with leave to file any fresh statement of claim against him within four weeks.
Legal Topics
['misleading or Deceptive Conduct' 'strike Out Application' 'pleading Causation' 'loss or Damage' 'reasonable Cause of Action']
['trade Practices' 'civil Procedure'] ['misleading or Deceptive Conduct' 'strike Out Application' 'pleading Causation' 'loss or Damage' 'reasonable Cause of Action']

Case Brief

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Procedural Posture

Trade Practices Proceeding / Notice of Motion by the Third Respondent to Strike Out the Amended Statement of Claim as Against Him

Legal Issues

  1. 1 ['Whether the words alleged to have been used by Roberts, namely "it will be good to get you on board", could amount to a representation that Multigroup would award contracts to Parker or Parker Freight for carriage of freight between Townsville and Mount Isa.' "Whether the amended statement of claim pleaded a sufficient causal connection between Roberts' alleged representation in mid-November 1999 and the loss or damage allegedly suffered by Parker or Parker Freight." 'Whether the amended statement of claim should be struck out as against the third respondent for disclosing no reasonable cause of action or for causing prejudice or embarrassment.']

Ratio Decidendi

The amended statement of claim was struck out as against Malcolm Roberts because the alleged words attributed to him could not make out the pleaded representation that Multigroup would award contracts to Parker or Parker Freight, and because the pleading failed to plead material facts establishing a causal connection between Roberts' alleged mid-November 1999 misrepresentation and any loss or damage suffered by Parker or Parker Freight, particularly where several pleaded losses pre-dated the alleged representation.

Court Disposition

The amended statement of claim was struck out as against the third respondent, with leave to file any fresh statement of claim against him within four weeks.

Orders

  • ['The amended statement of claim as against the third respondent be struck out.' 'The respondent on the motion pay the costs of the applicant on the motion, to be taxed if not agreed.' 'Any fresh statement of claim as against the third respondent be filed within four weeks of today.']