Christou v Stantons International Pty Ltd (No 2) [2010] FCA 1437

Christou v Stantons International Pty Ltd (No 2) [2010] FCA 1437

The amended statement of claim was struck out because, although some amendments provided links between particular allegations and the alleged falsity of representations, the pleading still did not adequately plead the necessary causal connection between the alleged misleading representations and the losses claimed, and its structure remained insufficient to plead a cause of action.

Jurisdiction
Australia
Judgment Date
17 December 2010
Procedural Posture
Practice and Procedure; Application to Strike Out Parts of the Statement of Claim in a Proceeding Alleging Misleading and Deceptive Conduct and Breach of Fiduciary Duty / Respondents' Application to Strike Out the Amended Statement of Claim After Earlier Strike Out Orders in Christou No 1
Outcome
The amended statement of claim was struck out in its entirety with leave to file and serve a re-amended statement of claim within 28 days; the applicant was ordered to pay the respondents' costs of the motion.
Legal Topics
['strike Out of Pleading' 'misleading and Deceptive Conduct' 'breach of Fiduciary Duty' 'causation of Loss' 'particulars and Material Facts']
['practice and Procedure' 'trade Practices' 'fair Trading' 'equity'] ['strike Out of Pleading' 'misleading and Deceptive Conduct' 'breach of Fiduciary Duty' 'causation of Loss' 'particulars and Material Facts']

Case Brief

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Procedural Posture

Practice and Procedure; Application to Strike Out Parts of the Statement of Claim in a Proceeding Alleging Misleading and Deceptive Conduct and Breach of Fiduciary Duty / Respondents' Application to Strike Out the Amended Statement of Claim After Earlier Strike Out Orders in Christou No 1

Legal Issues

  1. 1 ['Whether the amended statement of claim should be struck out because vital links between the alleged misleading and deceptive conduct and the claimed loss had not been pleaded.' 'Whether findings made by the Supreme Court of Western Australia in another proceeding could properly be pleaded as material facts or particulars.' 'Whether pleaded allegations concerning the injunction and undertaking were sufficiently linked to the alleged falsity of representations.' 'Whether allegations that Mr Christou was prevented from attending or working in the practice supported the pleaded claims.' 'Whether leave to re-plead should be granted.']

Ratio Decidendi

The amended statement of claim was struck out because, although some amendments provided links between particular allegations and the alleged falsity of representations, the pleading still did not adequately plead the necessary causal connection between the alleged misleading representations and the losses claimed, and its structure remained insufficient to plead a cause of action.

Court Disposition

The amended statement of claim was struck out in its entirety with leave to file and serve a re-amended statement of claim within 28 days; the applicant was ordered to pay the respondents' costs of the motion.

Orders

  • ['The amended statement of claim be struck out.' 'The applicant have leave to file and serve a re-amended statement of claim within 28 days.' 'The applicant do pay the costs of the respondents of this motion, to be taxed if not agreed.']