Austrasin Pty Ltd & Ors v. Stratlock Ltd & Ors [1986] FCA 179

Austrasin Pty Ltd & Ors v. Stratlock Ltd & Ors [1986] FCA 179

The statement of claim, considered on its face, discloses a reasonable cause of action against Stratlock Limited for misleading or deceptive conduct and is not embarrassing or insufficiently particularised, as it enables Stratlock to assess the claim it has to meet. Thus, the application to strike out is dismissed.

Parties
First Applicant: AUSTRASIN PTY LTD; First Applicant: IRY PTY LTD; First Applicant: JULIET POH PUAY CHAN; First Applicant: CHIN CHOO CHAN; First Applicant: CHEE WAY SIAH; First Applicant: RUTH LOCKE; Second Applicant: PAUL KRISTENSEN; Second Applicant: LEONIE KRISTENSEN; First Respondent: STRATLOCK LIMITED; Second Respondent: ATTEST PTY LTD; Third Respondent: ROBERT STANLEY BROWN
Jurisdiction
Australia
Judgment Date
23 April 1986
Procedural Posture
Interlocutory Application / Application to Strike Out Statement of Claim
Outcome
application dismissed
Legal Topics
Misleading or Deceptive Conduct, Strike Out Applications, Pleadings, Company Law
Trade Practices Misleading or Deceptive Conduct Strike Out Applications Pleadings Company Law

Case Brief

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Parties

AUSTRASIN PTY LTD

First Applicant

IRY PTY LTD

First Applicant

JULIET POH PUAY CHAN

First Applicant

CHIN CHOO CHAN

First Applicant

CHEE WAY SIAH

First Applicant

RUTH LOCKE

First Applicant

PAUL KRISTENSEN

Second Applicant

LEONIE KRISTENSEN

Second Applicant

STRATLOCK LIMITED

First Respondent

ATTEST PTY LTD

Second Respondent

ROBERT STANLEY BROWN

Third Respondent

Procedural Posture

Interlocutory Application / Application to Strike Out Statement of Claim

Legal Issues

  1. 1 Whether the statement of claim discloses a reasonable cause of action against Stratlock Limited
  2. 2 Whether the pleading is embarrassing or insufficiently particularised
  3. 3 Whether representations made by a promoter prior to company formation can be attributed to the company

Ratio Decidendi

The statement of claim, considered on its face, discloses a reasonable cause of action against Stratlock Limited for misleading or deceptive conduct and is not embarrassing or insufficiently particularised, as it enables Stratlock to assess the claim it has to meet. Thus, the application to strike out is dismissed.

Court Disposition

application dismissed

Orders

  • The application to strike out the statement of claim is dismissed.
  • The first respondent pay the applicants' costs of and incidental to this application.