Charlie Carter Pty Ltd v. The Shop Distributive & Allied [1987] FCA 189

Charlie Carter Pty Ltd v. The Shop Distributive & Allied [1987] FCA 189

Paragraph 5 of the statement of claim alleges concerted conduct but does so at too great a level of generality, failing to plead the material facts necessary to disclose a reasonable cause of action or to inform the fifth respondent sufficiently of the case to be met. Particulars provided cannot cure the defect. The pleading is embarrassing and should be struck out as against the fifth respondent.

Parties
Applicant: Charlie Carter Pty Ltd; First Respondent: The Shop, Distributive and Allied Employees' Association of Western Australia; Second Respondent: The Transport Workers Union of Australia, Industrial Union of Workers, Western Australian Branch; Third Respondent: The Australian Meat Industry Employees Union; Fourth Respondent: Federated Clerks Union of Australia, Industrial Union of Workers (WA Branch); Fifth Respondent: Clive Brown; Sixth Respondent: Joe Bullock
Jurisdiction
Australia
Judgment Date
22 April 1987
Procedural Posture
Application to Strike Out Statement of Claim / Hearing and Ruling on Interlocutory Application
Outcome
Statement of claim struck out as against the fifth respondent
Legal Topics
Pleadings, Particularity, Material Facts, Strike Out Application, Secondary Boycott, Industrial Action
Practice and Procedure Trade Practices Pleadings Particularity Material Facts Strike Out Application Secondary Boycott Industrial Action

Case Brief

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Parties

Charlie Carter Pty Ltd

Applicant

The Shop, Distributive and Allied Employees' Association of Western Australia

First Respondent

The Transport Workers Union of Australia, Industrial Union of Workers, Western Australian Branch

Second Respondent

The Australian Meat Industry Employees Union

Third Respondent

Federated Clerks Union of Australia, Industrial Union of Workers (WA Branch)

Fourth Respondent

Clive Brown

Fifth Respondent

Joe Bullock

Sixth Respondent

Procedural Posture

Application to Strike Out Statement of Claim / Hearing and Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the statement of claim discloses a reasonable cause of action against the fifth respondent
  2. 2 Whether the pleading is sufficiently particularised in relation to material facts and allegations of concerted conduct
  3. 3 Whether the pleading is embarrassing or tends to cause prejudice

Ratio Decidendi

Paragraph 5 of the statement of claim alleges concerted conduct but does so at too great a level of generality, failing to plead the material facts necessary to disclose a reasonable cause of action or to inform the fifth respondent sufficiently of the case to be met. Particulars provided cannot cure the defect. The pleading is embarrassing and should be struck out as against the fifth respondent.

Court Disposition

Statement of claim struck out as against the fifth respondent

Orders

  • The applicant's statement of claim is struck out as against the fifth respondent.
  • The applicant to pay the fifth respondent's costs of the motion in any event.