Falkenhagen v West (No 3) [2021] FCA 1176

Falkenhagen v West (No 3) [2021] FCA 1176

Leave to file and serve the proposed amended statement of claim was refused because the pleading did not plead the material facts necessary to give the respondents fair notice of the case against them, contained numerous ambiguous or irrelevant allegations likely to prejudice, delay and embarrass the proceeding, and pleaded legal conclusions including breach of agreement and breaches of the Australian Consumer Law without material facts capable of sustaining them. If filed, substantial parts of the proposed pleading would be struck out and the residue would be confusing, so it was liable to be struck out in its entirety under r 16.21 of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
29 September 2021
Procedural Posture
Practice and Procedure Application for Leave to File an Amended Statement of Claim in an Intellectual Property Proceeding / Application for Leave to Amend Heard on 16 September 2021 and Dismissed on 29 September 2021
Outcome
Application for leave to amend the statement of claim dismissed; applicant ordered to pay the respondents' costs; proceeding referred to mediation.
Legal Topics
['leave to Amend Statement of Claim' 'strike Out of Pleadings' 'pleading Material Facts' 'oral Agreement' 'assignment of Intellectual Property Rights' 'misleading or Deceptive Conduct' 'unconscionable Conduct']
['practice and Procedure' 'intellectual Property' 'patents' 'contract' 'australian Consumer Law'] ['leave to Amend Statement of Claim' 'strike Out of Pleadings' 'pleading Material Facts' 'oral Agreement' 'assignment of Intellectual Property Rights' 'misleading or Deceptive Conduct' 'unconscionable Conduct']

Case Brief

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Procedural Posture

Practice and Procedure Application for Leave to File an Amended Statement of Claim in an Intellectual Property Proceeding / Application for Leave to Amend Heard on 16 September 2021 and Dismissed on 29 September 2021

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to file and serve the proposed amended statement of claim.' 'Whether the proposed amended statement of claim would be liable to be struck out under r 16.21 of the Federal Court Rules 2011 (Cth).' 'Whether the proposed amended statement of claim pleaded material facts giving the respondents fair notice of the case to be made against them at trial.' 'Whether the proposed amended statement of claim contained ambiguous, irrelevant or deficient allegations concerning the alleged agreement, assignment of IP rights, patent applications, deed, breaches of contract and Australian Consumer Law claims.']

Ratio Decidendi

Leave to file and serve the proposed amended statement of claim was refused because the pleading did not plead the material facts necessary to give the respondents fair notice of the case against them, contained numerous ambiguous or irrelevant allegations likely to prejudice, delay and embarrass the proceeding, and pleaded legal conclusions including breach of agreement and breaches of the Australian Consumer Law without material facts capable of sustaining them. If filed, substantial parts of the proposed pleading would be struck out and the residue would be confusing, so it was liable to be struck out in its entirety under r 16.21 of the Federal Court Rules 2011 (Cth).

Court Disposition

Application for leave to amend the statement of claim dismissed; applicant ordered to pay the respondents' costs; proceeding referred to mediation.

Orders

  • ['The application for leave to amend the statement of claim in the form of the document which is annexure "CPB-1" to the affidavit of Christopher Phillip Blishen sworn 15 September 2021, as further amended by proposed changes to paragraphs 37 and 42 of annexure "CPB-1", is dismissed.' "The applicant pay the...