Fubilan Catering Services Limited v Compass Group (Australia) Pty Ltd (No 2) [2004] FCA 1034

Fubilan Catering Services Limited v Compass Group (Australia) Pty Ltd (No 2) [2004] FCA 1034

Certain paragraphs of the substituted statement of claim were not adequately pleaded, lacked necessary causal links, did not sufficiently identify affected parties or heads of loss, or were based on incorrect factual assertions, and were therefore struck out with leave for the applicants to replead those aspects.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 August 2004
Procedural Posture
Civil / Interlocutory; Motion to Strike Out Parts of Statement of Claim
Outcome
Certain paragraphs of the substituted statement of claim struck out; leave granted to applicants to replead; costs reserved.
Legal Topics
['unconscionable Conduct' 'misleading or Deceptive Conduct' 'secret Commissions' 'negligence' 'breach of Contract']
['commercial Law' 'contracts' 'torts' 'trade Practices'] ['unconscionable Conduct' 'misleading or Deceptive Conduct' 'secret Commissions' 'negligence' 'breach of Contract']

Source-derived case record

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Procedural Posture

Civil / Interlocutory; Motion to Strike Out Parts of Statement of Claim

Legal Issues

  1. 1 ['Adequacy of pleading for unconscionable conduct' 'Adequacy of pleading for misleading or deceptive conduct' 'Causal link between alleged negligence and loss or damage' 'Specificity regarding secret commissions' 'Proper identification of parties affected and heads of loss']

Ratio Decidendi

Certain paragraphs of the substituted statement of claim were not adequately pleaded, lacked necessary causal links, did not sufficiently identify affected parties or heads of loss, or were based on incorrect factual assertions, and were therefore struck out with leave for the applicants to replead those aspects.

Court Disposition

Certain paragraphs of the substituted statement of claim struck out; leave granted to applicants to replead; costs reserved.

Orders

  • ['Paragraphs 54-57 (inclusive), 83, 154, 163, 189, 193 and 194 of the substituted statement of claim are struck out.' 'Liberty to the applicants to file and serve an amended substituted statement of claim on or before 24 August 2004.' 'Costs of the motion reserved.' 'Next directions hearing set down for 31 August...