Australian Competition and Consumer Commission v Australialink Pty Ltd (No 2) [2009] FCA 551

Australian Competition and Consumer Commission v Australialink Pty Ltd (No 2) [2009] FCA 551

Applying the General Steel test and assuming the pleaded allegations to be true, the ACCC's contentions that the LAN, Qld LAN and Notice of Intention documents conveyed the alleged representations were at least arguable, so the impugned paragraphs of the Statement of Claim should not be struck out.

Jurisdiction
Australia
Judgment Date
27 May 2009
Procedural Posture
Notice of Motion to Strike Out Paragraphs of the Statement of Claim / Reasons for Judgment on Respondents' Strike Out Motion
Outcome
Respondents' Notice of Motion dismissed with costs.
Legal Topics
['strike Out of Pleading' 'reasonable Cause of Action' 'alleged Representations in Business Directory Documents' 'costs']
['practice and Procedure' 'competition and Consumer Law'] ['strike Out of Pleading' 'reasonable Cause of Action' 'alleged Representations in Business Directory Documents' 'costs']

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Procedural Posture

Notice of Motion to Strike Out Paragraphs of the Statement of Claim / Reasons for Judgment on Respondents' Strike Out Motion

Legal Issues

  1. 1 ['Whether certain paragraphs of the Statement of Claim should be struck out pursuant to O 11 r 16 of the Federal Court Rules.' 'Whether the Statement of Claim disclosed a reasonable cause of action in relation to alleged representations conveyed by LAN and Qld LAN documents.' 'Whether the Statement of Claim disclosed a reasonable cause of action in relation to alleged representations conveyed by the Notice of Intention document.' 'Whether costs of the motion should be ordered on an indemnity basis.']

Ratio Decidendi

Applying the General Steel test and assuming the pleaded allegations to be true, the ACCC's contentions that the LAN, Qld LAN and Notice of Intention documents conveyed the alleged representations were at least arguable, so the impugned paragraphs of the Statement of Claim should not be struck out.

Court Disposition

Respondents' Notice of Motion dismissed with costs.

Orders

  • ['The Notice of Motion filed by the respondents seeking to strike out paragraphs of the Statement of Claim is dismissed with costs.']