Opal Collection Pty Ltd v LMC Pacific Pty Ltd [2002] FCA 516

Opal Collection Pty Ltd v LMC Pacific Pty Ltd [2002] FCA 516

Leave to amend was refused because the proposed further amended statement of claim and particulars did not make the applicants' case clear. The pleading was internally unclear as to supply, the role of each applicant, the seller whose pricing practices were targeted, the basis for the alleged contraventions of ss 48 and 96(3) of the Trade Practices Act 1974 (Cth), and the causal connection between the alleged contraventions and each applicant's claimed loss. Until the case was made plain, further discovery steps were not appropriate.

Jurisdiction
Australia
Judgment Date
24 April 2002
Procedural Posture
Trade Practices Act Proceeding Claiming Damages for Non Delivery and Refusal to Supply Watches / Interlocutory Application for Leave to Amend the Statement of Claim, With Related Discovery and Costs Issues
Outcome
Leave to amend the statement of claim in the proposed terms was refused; any further application for leave to amend was to be made within 30 days; the discovery order was vacated; costs were ordered and further costs submissions reserved.
Legal Topics
['resale Price Maintenance' 'unconscionable Conduct' 'pleadings' 'leave to Amend' 'particulars' 'discovery' 'costs']
['competition and Consumer Law' 'civil Procedure'] ['resale Price Maintenance' 'unconscionable Conduct' 'pleadings' 'leave to Amend' 'particulars' 'discovery' 'costs']

Case Brief

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Procedural Posture

Trade Practices Act Proceeding Claiming Damages for Non Delivery and Refusal to Supply Watches / Interlocutory Application for Leave to Amend the Statement of Claim, With Related Discovery and Costs Issues

Legal Issues

  1. 1 ['Whether leave should be granted to amend the statement of claim in the form proposed by the applicants.' "Whether the proposed pleading and particulars made clear which applicant was supplied by the respondent and which applicant's selling practices were the target of the alleged resale price maintenance conduct." 'Whether the applicants had adequately pleaded loss and damage and its causal connection to the alleged contraventions.' 'Whether discovery should proceed before the case against the respondent was made plain.' 'What costs orders should be made in relation to the hearing and earlier procedural steps.']

Ratio Decidendi

Leave to amend was refused because the proposed further amended statement of claim and particulars did not make the applicants' case clear. The pleading was internally unclear as to supply, the role of each applicant, the seller whose pricing practices were targeted, the basis for the alleged contraventions of ss 48 and 96(3) of the Trade Practices Act 1974 (Cth), and the causal connection between the alleged contraventions and each applicant's claimed loss. Until the case was made plain, further discovery steps were not appropriate.

Court Disposition

Leave to amend the statement of claim in the proposed terms was refused; any further application for leave to amend was to be made within 30 days; the discovery order was vacated; costs were ordered and further costs submissions reserved.

Orders

  • ['Leave to amend the statement of claim in terms of exhibits JG3 and JG2 to the affidavit of J.M. Geddes filed on 4 April 2002 is refused.' 'Any further application for leave to amend the statement of claim and the application be made by the applicant within 30 days from the date hereof.' 'The order of 7 February...