Ogenic Ltd v Deloitte Toushe Tohmatsu (No 2) [2000] FCA 1074

Ogenic Ltd v Deloitte Toushe Tohmatsu (No 2) [2000] FCA 1074

The strike-out of paragraphs 44A to 44I is warranted because the pleadings fail to disclose a cause of action or provide sufficient particularity, there is no necessary logical connection between the alleged retainer and breach of duty, and the proposed amendments relying on Fair Trading Act lack specification as to how silence constituted misleading conduct.

Jurisdiction
Australia
Judgment Date
16 June 2000
Procedural Posture
Civil / Interlocutory Motions (strike Out and Amendment)
Outcome
Motions determined: strike-out granted, amendment motion refused, leave to amend within seven days, costs orders made.
Legal Topics
['negligence' 'misleading or Deceptive Conduct' 'pleadings' 'fair Trading Act (wa)']
['commercial Law' 'tort Law'] ['negligence' 'misleading or Deceptive Conduct' 'pleadings' 'fair Trading Act (wa)']

Case Brief

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Procedural Posture

Civil / Interlocutory Motions (strike Out and Amendment)

Legal Issues

  1. 1 ['Whether paragraphs 44A-44I of the second cross-claim disclose a cause of action' 'Sufficiency and clarity of the pleading alleging breach of duty and misleading or deceptive conduct under s 10 of the Fair Trading Act 1987 (WA)']

Ratio Decidendi

The strike-out of paragraphs 44A to 44I is warranted because the pleadings fail to disclose a cause of action or provide sufficient particularity, there is no necessary logical connection between the alleged retainer and breach of duty, and the proposed amendments relying on Fair Trading Act lack specification as to how silence constituted misleading conduct.

Court Disposition

Motions determined: strike-out granted, amendment motion refused, leave to amend within seven days, costs orders made.

Orders

  • ['Motion by Deloittes filed 14 June 2000 to amend cross-claim is dismissed.' 'Motion by Mr Shervington filed 15 June 2000 to strike out paragraphs 44A to 44I of the second cross-claim is granted; those paragraphs are struck out.' 'Leave granted to Deloittes to further amend within seven days.' "Deloittes to pay...