Charlick Trading Pty Ltd v Australian National Railways Commission & Anor [1997] FCA 268

Charlick Trading Pty Ltd v Australian National Railways Commission & Anor [1997] FCA 268

The Court declined to strike out the challenged paragraphs of the statement of claim and cross-claim, except for those that lacked materiality or particularity, on the basis that the claims were not clearly untenable, and allowed sufficient issues to proceed to trial. The Court further determined that the applicant’s undertaking as to damages required further security, adjourning the matter to allow for such security to be provided or for further undertakings to be made.

Jurisdiction
Australia
Judgment Date
27 March 1997
Procedural Posture
Interlocutory Application in Proceeding for Breach of Contract and Related Causes / Interlocutory Judgment on Pleadings and Undertakings
Outcome
Application to strike out allowed in part; most paragraphs in issue to stand; para24A, para47.6, and para62 struck out with leave to replead; no final orders made but variation of undertakings proposed
Legal Topics
['implied Contract Terms' 'strike Out Applications' 'undertakings as to Damages' 'trade Practices Act S46' 'interference With Contractual Relations']
['contract Law' 'competition Law' 'civil Procedure'] ['implied Contract Terms' 'strike Out Applications' 'undertakings as to Damages' 'trade Practices Act S46' 'interference With Contractual Relations']

Case Brief

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Procedural Posture

Interlocutory Application in Proceeding for Breach of Contract and Related Causes / Interlocutory Judgment on Pleadings and Undertakings

Legal Issues

  1. 1 ["Whether certain paragraphs of the applicant's statement of claim and the first respondent's cross-claim should be struck out as unsustainable, embarrassing or improper; Whether implied terms can be alleged; Whether conduct amounts to breach of s46 Trade Practices Act; Adequacy of undertakings as to damages and security"]

Ratio Decidendi

The Court declined to strike out the challenged paragraphs of the statement of claim and cross-claim, except for those that lacked materiality or particularity, on the basis that the claims were not clearly untenable, and allowed sufficient issues to proceed to trial. The Court further determined that the applicant’s undertaking as to damages required further security, adjourning the matter to allow for such security to be provided or for further undertakings to be made.

Court Disposition

Application to strike out allowed in part; most paragraphs in issue to stand; para24A, para47.6, and para62 struck out with leave to replead; no final orders made but variation of undertakings proposed

Orders

  • ['Paragraphs 24A, 47.6, and 62 of the statement of claim are struck out with leave to replead.' 'Remaining challenged paragraphs of the statement of claim and paragraph 112 of cross-claim are permitted to stand.' 'Adjournment for 30 days to allow applicant to provide additional undertakings or security to support...