Australian Parking and Revenue Control Pty Ltd v Reino International Pty Ltd (No 2) [2017] FCA 788

Australian Parking and Revenue Control Pty Ltd v Reino International Pty Ltd (No 2) [2017] FCA 788

Leave to file the further amended statement of claim is refused as the proposed pleadings fail to sufficiently clarify the alleged connection between the purported misrepresentation and the tender requirements, do not state material facts establishing falsity and causation, and are otherwise embarrassing and inadequate; however, applicant may file a narrowly confined repleading of the Reino RFT Claim within strict timetable.

Parties
Applicant: Australian Parking and Revenue Control Pty Ltd; First Respondent: Reino International Pty Ltd; Second Respondent: Parking & Traffic Consultants Pty Ltd
Jurisdiction
Australia
Judgment Date
13 July 2017
Procedural Posture
Application for Leave to Amend Statement of Claim / Interlocutory Application—order on Amendment
Outcome
Application dismissed
Legal Topics
Pleadings—amendment, Misleading and Deceptive Conduct, Leave to Amend, Federal Court Procedure
Practice and Procedure Commercial Law Pleadings—amendment Misleading and Deceptive Conduct Leave to Amend Federal Court Procedure

Case Brief

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Parties

Australian Parking and Revenue Control Pty Ltd

Applicant

Reino International Pty Ltd

First Respondent

Parking & Traffic Consultants Pty Ltd

Second Respondent

Procedural Posture

Application for Leave to Amend Statement of Claim / Interlocutory Application—order on Amendment

Legal Issues

  1. 1 Whether leave should be granted for applicant to further amend its statement of claim
  2. 2 Whether the proposed amendments disclose reasonable cause of action
  3. 3 Whether pleadings are sufficiently clear and particularised to proceed

Ratio Decidendi

Leave to file the further amended statement of claim is refused as the proposed pleadings fail to sufficiently clarify the alleged connection between the purported misrepresentation and the tender requirements, do not state material facts establishing falsity and causation, and are otherwise embarrassing and inadequate; however, applicant may file a narrowly confined repleading of the Reino RFT Claim within strict timetable.

Court Disposition

Application dismissed

Orders

  • The application filed 26 October 2016 for leave to file a proposed further amended statement of claim is dismissed.
  • The applicant is to pay the costs of the first and second respondents of and thrown away on the application for leave to further amend, to be agreed or taxed.