Australian Competition & Consumer Commission v Alice Car & Truck Rentals Pty Ltd t/as Territory Rent-A-Car & Ors [1997] FCA 129

Australian Competition & Consumer Commission v Alice Car & Truck Rentals Pty Ltd t/as Territory Rent-A-Car & Ors [1997] FCA 129

None of the impugned paragraphs of the Further Amended Statement of Claim should be struck out as they are not so vague, frivolous, or vexatious as to warrant summary termination. The pleadings, while not flawless, adequately apprise the respondents of the case, and the use of 'substantially' and similar terms is not improper given the statutory context. The references to staff of Hertz and to evidence permitting inferences do not justify striking out of the paragraphs; deficiencies, if any, may be addressed by better particulars but not by striking out.

Jurisdiction
Australia
Judgment Date
05 March 1997
Procedural Posture
Strike Out Application (interlocutory) / Application to Strike Out Portions of Further Amended Statement of Claim
Outcome
Application dismissed with costs.
Legal Topics
['strike Out of Pleadings' 'trade Practices' 'cartel Conduct' 'pleadings Requirements']
['competition Law' 'civil Procedure'] ['strike Out of Pleadings' 'trade Practices' 'cartel Conduct' 'pleadings Requirements']

Case Brief

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Procedural Posture

Strike Out Application (interlocutory) / Application to Strike Out Portions of Further Amended Statement of Claim

Legal Issues

  1. 1 ['Whether paragraphs 15(a), 15(c), 21(b)(1), 21(b)(2) and 20(2) of the Further Amended Statement of Claim should be struck out' "Whether use of 'substantially' and similar terms in pleadings is impermissibly vague or otherwise objectionable" 'Whether the allegations sufficiently disclose a cause of action under ss 45 and 45A of the Trade Practices Act 1974 (Cth)']

Ratio Decidendi

None of the impugned paragraphs of the Further Amended Statement of Claim should be struck out as they are not so vague, frivolous, or vexatious as to warrant summary termination. The pleadings, while not flawless, adequately apprise the respondents of the case, and the use of 'substantially' and similar terms is not improper given the statutory context. The references to staff of Hertz and to evidence permitting inferences do not justify striking out of the paragraphs; deficiencies, if any, may be addressed by better particulars but not by striking out.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' 'NT Outback Adventure Rentals Pty Ltd (Trading as Hertz Northern Territory) pay the costs of the Australian Competition and Consumer Commission.']