Croker v Philips Electronics Australia Limited [2000] FCA 991

Croker v Philips Electronics Australia Limited [2000] FCA 991

It was not appropriate at this stage to stay or dismiss the proceeding because of the finality of such an order and because the applicant should be given one further opportunity to plead his case. However, the statement of claim did not comply with the Federal Court Rules: it was largely narrative, included conclusions of law, did not plead material facts in proper form, and as against the third respondent did not allege conduct contravening the relevant provisions of the Trade Practices Act 1974 (Cth). In its present form it would be plainly embarrassing to require any respondent to answer it, had a tendency to cause prejudice, embarrassment and delay, and was not capable of sensible...

Jurisdiction
Australia
Judgment Date
17 July 2000
Procedural Posture
Trade Practices Act Proceeding Claiming Damages and Rescission / Respondents' Notices of Motion Seeking Stay or Dismissal, or Alternatively Strike Out of the Statement of Claim
Outcome
The respondents' motions were granted in part: the statement of claim was struck out, but the proceeding was not stayed or dismissed at this stage and the applicant was granted leave to replead.
Legal Topics
['pleadings' 'strike Out of Statement of Claim' 'reasonable Cause of Action' 'leave to Replead' 'trade Practices Act Remedies']
['practice and Procedure' 'trade Practices and Consumer Protection'] ['pleadings' 'strike Out of Statement of Claim' 'reasonable Cause of Action' 'leave to Replead' 'trade Practices Act Remedies']

Case Brief

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Procedural Posture

Trade Practices Act Proceeding Claiming Damages and Rescission / Respondents' Notices of Motion Seeking Stay or Dismissal, or Alternatively Strike Out of the Statement of Claim

Legal Issues

  1. 1 ['Whether the proceeding should be stayed or dismissed at this stage' 'Whether the statement of claim pleaded a reasonable and intelligible cause of action' 'Whether the statement of claim should be struck out for non-compliance with pleading requirements and for tending to cause prejudice, embarrassment and delay' 'Whether the applicant should be granted leave to amend the application and file and serve a fresh statement of claim']

Ratio Decidendi

It was not appropriate at this stage to stay or dismiss the proceeding because of the finality of such an order and because the applicant should be given one further opportunity to plead his case. However, the statement of claim did not comply with the Federal Court Rules: it was largely narrative, included conclusions of law, did not plead material facts in proper form, and as against the third respondent did not allege conduct contravening the relevant provisions of the Trade Practices Act 1974 (Cth). In its present form it would be plainly embarrassing to require any respondent to answer it, had a tendency to cause prejudice, embarrassment and delay, and was not capable of sensible...

Court Disposition

The respondents' motions were granted in part: the statement of claim was struck out, but the proceeding was not stayed or dismissed at this stage and the applicant was granted leave to replead.

Orders

  • ['The statement of claim be struck out.' 'The applicant have leave to file and serve an amended application and a fresh statement of claim by no later than 4:00pm on Monday 21 August 2000.']