Australian Competition and Consumer Commission v Trading Post Australia Pty Limited [2007] FCA 1419

Australian Competition and Consumer Commission v Trading Post Australia Pty Limited [2007] FCA 1419

The Court determined that the current pleadings are insufficiently clear due to the use of complex definitions and lack of specificity as to which allegations are made against which Google entities. Rather than striking out the statement of claim, the Court ordered the applicant to provide short, clear outline...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 September 2007
Procedural Posture
Civil / Interlocutory; Directions Prior to Substantive Hearing
Outcome
Proceedings adjourned for directions; orders for clearer statements; costs reserved.
Legal Topics
['misleading or Deceptive Conduct' 'pleading Requirements' 'internet Advertising' 'sponsored Search Results']
['competition and Consumer Law'] ['misleading or Deceptive Conduct' 'pleading Requirements' 'internet Advertising' 'sponsored Search Results']

Source-derived case record

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Procedural Posture

Civil / Interlocutory; Directions Prior to Substantive Hearing

Legal Issues

  1. 1 ['Whether the pleading as currently drafted is sufficiently clear and concise.' 'Whether the applicant can properly plead a case against each Google entity under section 52 of the Trade Practices Act 1974 (Cth).' 'Whether discovery and related procedures are being used appropriately to identify if there is a case against a party.']

Ratio Decidendi

The Court determined that the current pleadings are insufficiently clear due to the use of complex definitions and lack of specificity as to which allegations are made against which Google entities. Rather than striking out the statement of claim, the Court ordered the applicant to provide short, clear outline documents specifying the case against each respondent. Costs were reserved.

Court Disposition

Proceedings adjourned for directions; orders for clearer statements; costs reserved.

Orders

  • ['The proceeding and the notices of motion for leave to serve outside the jurisdiction and to strike out the statement of claim be adjourned to 4 October 2007 for directions.' 'On or before 24 September 2007, the applicant is to file and serve a succinct outline of its case against each respondent, no longer than...