Christou v Stantons International Pty Ltd [2010] FCA 1150

Christou v Stantons International Pty Ltd [2010] FCA 1150

The impugned parts of the statement of claim were struck out because the pleading did not articulate the necessary links between the pleaded injunction, undertaking, locking out allegation and alleged misrepresentations, and the misleading or deceptive conduct and loss claimed. The respondents were left to guess at the case against them. The footnotes were superfluous, unnecessary to pleading material facts, and created false issues by suggesting reliance on findings in other litigation.

Jurisdiction
Australia
Judgment Date
22 October 2010
Procedural Posture
Practice and Procedure; Application to Strike Out Parts of Statement of Claim / Interlocutory Strike Out Motion Pursuant to O 11 R 16 of the Federal Court Rules
Outcome
Strike out application granted in respect of footnotes 1-8 and paragraphs 27-28, 41 and 51-54 of the statement of claim, with leave to re-plead.
Legal Topics
['strike Out of Pleadings' 'misleading or Deceptive Conduct' 'material Facts' 'causation of Loss and Damage' 'embarrassing Pleadings']
['practice and Procedure' 'trade Practices' 'fair Trading'] ['strike Out of Pleadings' 'misleading or Deceptive Conduct' 'material Facts' 'causation of Loss and Damage' 'embarrassing Pleadings']

Case Brief

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Procedural Posture

Practice and Procedure; Application to Strike Out Parts of Statement of Claim / Interlocutory Strike Out Motion Pursuant to O 11 R 16 of the Federal Court Rules

Legal Issues

  1. 1 ['Whether footnotes 1-8 and paragraphs 27-28, 41 and 51-54 of the statement of claim should be struck out under O 11 r 16 of the Federal Court Rules.' 'Whether pleaded matters concerning earlier injunctions, undertakings and locking out the applicant were linked to the alleged misleading or deceptive conduct.' "Whether the statement of claim pleaded a discernible causal link between the alleged misrepresentations and the applicant's claimed loss and damage." 'Whether footnotes referring to previous Supreme Court of Western Australia judgments were superfluous or created false issues.']

Ratio Decidendi

The impugned parts of the statement of claim were struck out because the pleading did not articulate the necessary links between the pleaded injunction, undertaking, locking out allegation and alleged misrepresentations, and the misleading or deceptive conduct and loss claimed. The respondents were left to guess at the case against them. The footnotes were superfluous, unnecessary to pleading material facts, and created false issues by suggesting reliance on findings in other litigation.

Court Disposition

Strike out application granted in respect of footnotes 1-8 and paragraphs 27-28, 41 and 51-54 of the statement of claim, with leave to re-plead.

Orders

  • ['Footnotes 1-8, paragraphs 27-28, 41 and 51-54 of the statement of claim be struck out.' 'The applicant do have leave to re-plead the statement of claim. Any amended statement of claim be filed and served within 21 days.' "The applicant do pay the respondents' costs of the motion to be taxed if not agreed."]