Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd of NSW [1999] FCA 552

Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd of NSW [1999] FCA 552

The statement of claim was pervasively deficient because, even allowing for its preparation by a layperson, it pleaded conclusions rather than the material facts necessary to support the alleged causes of action, including copyright infringement, fraudulent concealment, conspiracy and derivative or accessory liability. However, the proposed case was not shown on the face of the statement of claim to be manifestly hopeless, so any strike-out would be with liberty to replead.

Jurisdiction
Australia
Judgment Date
28 April 1999
Procedural Posture
Federal Court Proceeding Alleging Copyright Infringement and Related Breaches; Notices of Motion to Strike Out the Statement of Claim / Hearing of Respondents' Notices of Motion; Ex Tempore Reasons; Judgment Reserved
Outcome
Judgment reserved.
Legal Topics
['strike Out of Statement of Claim' 'pleading Material Facts' 'copyright Infringement Pleading' 'fraud Pleading' 'conspiracy Pleading' 'derivative or Accessory Liability of Solicitors']
['civil Procedure' 'copyright' 'employment Obligations' 'equity and Accessory Liability'] ['strike Out of Statement of Claim' 'pleading Material Facts' 'copyright Infringement Pleading' 'fraud Pleading' 'conspiracy Pleading' 'derivative or Accessory Liability of Solicitors']

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Procedural Posture

Federal Court Proceeding Alleging Copyright Infringement and Related Breaches; Notices of Motion to Strike Out the Statement of Claim / Hearing of Respondents' Notices of Motion; Ex Tempore Reasons; Judgment Reserved

Legal Issues

  1. 1 ['Whether the statement of claim pleaded material facts sufficient to make out the alleged causes of action against the first to fourth respondents, including copyright infringement, unauthorised use of company assets, fraudulent concealment and conspiracy.' 'Whether the allegations against the fifth to eleventh respondents pleaded facts sufficient to support derivative or accessory liability for the alleged breaches by the first to fourth respondents.' 'Whether the statement of claim should be struck out, and if so whether liberty to replead should be granted.']

Ratio Decidendi

The statement of claim was pervasively deficient because, even allowing for its preparation by a layperson, it pleaded conclusions rather than the material facts necessary to support the alleged causes of action, including copyright infringement, fraudulent concealment, conspiracy and derivative or accessory liability. However, the proposed case was not shown on the face of the statement of claim to be manifestly hopeless, so any strike-out would be with liberty to replead.

Court Disposition

Judgment reserved.

Orders

  • ['Judgment be reserved.']