Kliese, Terrence Bertram & Anor v Johnston, William Ronald & Ors [1984] FCA 158

Kliese, Terrence Bertram & Anor v Johnston, William Ronald & Ors [1984] FCA 158

The statement of claim does not state the material facts on which the applicants rely with sufficient clarity and precision. It does not correlate alleged misrepresentations with assertions of falsity, fails to indicate agency, does not plead reliance or causation, and does not provide adequate notice to the respondents. It thus fails to comply with the pleading standards required and must be struck out.

Parties
First Applicant: Terrence Bertram Kliese; Second Applicant: Peggy Kliese; First Respondent: William Ronald Johnston; Second Respondent: John Woods; Third Respondent: Allied Marketing Industries Pty. Limited; Fourth Respondent: Cudworth Pty. Limited; Fifth Respondent: Donald Atthow; Sixth Respondent: Richard Andrews
Jurisdiction
Australia
Judgment Date
01 June 1984
Procedural Posture
Civil / Application to Strike Out Statement of Claim
Outcome
statement of claim struck out; leave to amend; costs to respondents in the cause
Legal Topics
Misleading or Deceptive Conduct, False or Misleading Representations, Pleadings, Strike Out Application
Trade Practices Contract Misleading or Deceptive Conduct False or Misleading Representations Pleadings Strike Out Application

Case Brief

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Parties

Terrence Bertram Kliese

First Applicant

Peggy Kliese

Second Applicant

William Ronald Johnston

First Respondent

John Woods

Second Respondent

Allied Marketing Industries Pty. Limited

Third Respondent

Cudworth Pty. Limited

Fourth Respondent

Donald Atthow

Fifth Respondent

Richard Andrews

Sixth Respondent

Procedural Posture

Civil / Application to Strike Out Statement of Claim

Legal Issues

  1. 1 Whether the applicants’ statement of claim adequately discloses material facts and legal bases for relief against the respondents.
  2. 2 Whether the statement of claim should be struck out for failing to comply with pleading standards under Federal Court Rules.

Ratio Decidendi

The statement of claim does not state the material facts on which the applicants rely with sufficient clarity and precision. It does not correlate alleged misrepresentations with assertions of falsity, fails to indicate agency, does not plead reliance or causation, and does not provide adequate notice to the respondents. It thus fails to comply with the pleading standards required and must be struck out.

Court Disposition

statement of claim struck out; leave to amend; costs to respondents in the cause

Orders

  • The statement of claim filed herein on behalf of the applicants on 1 February 1984 be struck out.
  • The applicants have liberty to file and serve an amended statement of claim within 28 days after the date of this order.