Bechtel Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union [2015] FCA 778
The statement of claim is not embarrassing or ambiguous; the pleading sufficiently sets out alleged material facts and causes of action, ensuring a procedurally fair trial. There is no basis for striking out any paragraphs as sought by the respondents.
- Jurisdiction
- Australia
- Judgment Date
- 08 July 2015
- Procedural Posture
- Strike Out Application / Interlocutory Judgment
- Outcome
- application dismissed
- Legal Topics
- ['pleadings' 'strike Out Application' 'coercion Under Fair Work Act' 'interference With Contractual Relations' 'public Nuisance']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Strike Out Application / Interlocutory Judgment
Legal Issues
- 1 ['whether the statement of claim is embarrassing or ambiguous under r 16.21(c) and (d) of Federal Court Rules 2011 (Cth)' 'whether claims and material facts are properly pleaded' 'sufficiency of pleadings for a procedurally fair trial' 'construction of industrial action and coercion under Fair Work Act 2009 (Cth)' 'interference with contractual relations' 'public or private nuisance']
Ratio Decidendi
The statement of claim is not embarrassing or ambiguous; the pleading sufficiently sets out alleged material facts and causes of action, ensuring a procedurally fair trial. There is no basis for striking out any paragraphs as sought by the respondents.
Court Disposition
application dismissed
Orders
- ['The application is dismissed.']
Full Case Text
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