Commissioner of Fair Trading v De Bray [2008] NSWSC 556

The statement of claim, as amended and particularised, complies with the rules relating to pleadings and adequately informs each defendant of the case they have to meet. Leave should be granted to file and serve the amended statement of claim. Costs are reserved.

Jurisdiction: Australia
Judgment Date: 06 June 2008
Procedural Posture: Application to Strike Out Parts of Statement of Claim / Interlocutory Application
Outcome: Leave to amend granted, costs reserved
Legal Topics: ['strike Out Application' 'pleading Requirements' 'misleading and Deceptive Conduct' 'direct Sales' 'false Representations' 'accessorial Liability']

['civil Procedure'] ['strike Out Application' 'pleading Requirements' 'misleading and Deceptive Conduct' 'direct Sales' 'false Representations' 'accessorial Liability']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application to Strike Out Parts of Statement of Claim / Interlocutory Application

Legal Issues

1 ["Whether the plaintiff's statement of claim discloses reasonable cause of action and complies with rules governing pleadings; Whether alleged representations (including by silence) are sufficiently particularised; Whether accessorial liability is adequately pleaded; Whether leave should be granted to amend the statement of claim."]

Ratio Decidendi

Court Disposition

Leave to amend granted, costs reserved

Orders

['Leave is granted to the plaintiff to file and serve an amended statement of claim within 14 days.' 'Costs are reserved.']