Hurley v McDonalds Australia Ltd [1999] FCA 465

Hurley v McDonalds Australia Ltd [1999] FCA 465

The facts as alleged do not establish unconscionable conduct within the meaning of s 51AB of the Trade Practices Act 1974 (Cth) as interpreted by relevant case law and statutory context; therefore, the amendment to the statement of claim should not be allowed.

Parties
Applicant: Janette Lyn Hurley; Respondent: McDonalds Australia Limited
Jurisdiction
Australia
Judgment Date
14 October 1999
Procedural Posture
Application for Leave to Amend Statement of Claim / Interlocutory Decision
Outcome
application for leave to amend statement of claim refused
Legal Topics
Unconscionable Conduct, Contractual Relations, Amendment of Pleadings
Trade Practices Unconscionable Conduct Contractual Relations Amendment of Pleadings

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Parties

Janette Lyn Hurley

Applicant

McDonalds Australia Limited

Respondent

Procedural Posture

Application for Leave to Amend Statement of Claim / Interlocutory Decision

Legal Issues

  1. 1 Whether proposed amendment to statement of claim alleging unconscionable conduct under s 51AB of the Trade Practices Act 1974 (Cth) should be permitted
  2. 2 Interpretation of 'unconscionable conduct' under s 51AB

Ratio Decidendi

The facts as alleged do not establish unconscionable conduct within the meaning of s 51AB of the Trade Practices Act 1974 (Cth) as interpreted by relevant case law and statutory context; therefore, the amendment to the statement of claim should not be allowed.

Court Disposition

application for leave to amend statement of claim refused

Orders

  • The application for leave to amend the statement of claim be refused.