Australian Parking and Revenue Control Pty Ltd v Reino International Pty Ltd [2016] FCA 744

Australian Parking and Revenue Control Pty Ltd v Reino International Pty Ltd [2016] FCA 744

The amended statement of claim failed to disclose reasonable causes of action in relation to most of the claims against Reino and all claims against PT Consultants, as it lacked necessary material facts, clarity, and proper particulars regarding the alleged misleading or deceptive conduct, causation, and damage. Only the website representation pleadings against Reino were adequately pleaded to support a claim for declaratory and injunctive relief; the remainder of the pleading was struck out as not disclosing an arguable case.

Jurisdiction
Australia
Judgment Date
01 July 2016
Procedural Posture
Interlocutory Application to Strike Out Parts of Amended Statement of Claim / Ruling on Interlocutory Applications
Outcome
Amended statement of claim struck out save for specified paragraphs concerning website representations; ruling in favour of second respondent's strike out, first respondent's strike out partially dismissed; opportunity to replead granted; costs reserved.
Legal Topics
['strike Out Applications' 'pleadings' 'misleading or Deceptive Conduct' 'australian Consumer Law S 18']
['practice and Procedure' 'consumer Law'] ['strike Out Applications' 'pleadings' 'misleading or Deceptive Conduct' 'australian Consumer Law S 18']

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Procedural Posture

Interlocutory Application to Strike Out Parts of Amended Statement of Claim / Ruling on Interlocutory Applications

Legal Issues

  1. 1 ['Whether the amended statement of claim discloses a reasonable cause of action' 'Whether the pleadings contain sufficient material facts to constitute the pleaded causes of action' 'Whether relevant paragraphs are evasive, ambiguous, or likely to prejudice, embarrass, or delay the proceeding' 'Whether to strike out or allow parts of the amended statement of claim']

Ratio Decidendi

The amended statement of claim failed to disclose reasonable causes of action in relation to most of the claims against Reino and all claims against PT Consultants, as it lacked necessary material facts, clarity, and proper particulars regarding the alleged misleading or deceptive conduct, causation, and damage. Only the website representation pleadings against Reino were adequately pleaded to support a claim for declaratory and injunctive relief; the remainder of the pleading was struck out as not disclosing an arguable case.

Court Disposition

Amended statement of claim struck out save for specified paragraphs concerning website representations; ruling in favour of second respondent's strike out, first respondent's strike out partially dismissed; opportunity to replead granted; costs reserved.

Orders

  • ["The second respondent's application to strike out parts of the amended statement of claim is allowed." 'Pursuant to r 16.21 of the Federal Court Rules 2011 (Cth), the amended statement of claim is struck out except for paragraphs [1]-[3],[6]-[9],[28] and [29], and [49](a),(b),(d) and (e) so far as they claim...