Peter Hanne & Associates Pty Ltd v Village Life Limited [2008] FCA 719

Peter Hanne & Associates Pty Ltd v Village Life Limited [2008] FCA 719

The statement of claim was struck out because it was pleaded with excessive generality, lacking material facts required to adequately inform the respondents of the case against them, particularly relating to the adverse profitability circumstances and reliance; deficiencies could not be remedied by supplying particulars after discovery or by Notice to Produce.

Parties
Applicant: Peter Hanne & Associates Pty Ltd; First Respondent: Village Life Limited; Second Respondent: David Jeffries; Third Respondent: John Krimmer; Fourth Respondent: Anthony Roberts
Jurisdiction
Australia
Judgment Date
22 May 2008
Procedural Posture
Representative Action / Motion to Strike Out Statement of Claim
Outcome
Statement of Claim struck out with leave to re-plead
Legal Topics
Representative Proceedings, Misleading and Deceptive Conduct, Continuous Disclosure, Pleadings, Strike Out Applications
Corporations Law Civil Procedure Representative Proceedings Misleading and Deceptive Conduct Continuous Disclosure Pleadings Strike Out Applications

Case Brief

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Parties

Peter Hanne & Associates Pty Ltd

Applicant

Village Life Limited

First Respondent

David Jeffries

Second Respondent

John Krimmer

Third Respondent

Anthony Roberts

Fourth Respondent

Procedural Posture

Representative Action / Motion to Strike Out Statement of Claim

Legal Issues

  1. 1 Whether the statement of claim in a representative action sufficiently pleads material facts
  2. 2 Whether particulars can be supplied after discovery, or must be pleaded
  3. 3 Whether the Notice to Produce was appropriate in the context of defective pleadings

Ratio Decidendi

The statement of claim was struck out because it was pleaded with excessive generality, lacking material facts required to adequately inform the respondents of the case against them, particularly relating to the adverse profitability circumstances and reliance; deficiencies could not be remedied by supplying particulars after discovery or by Notice to Produce.

Court Disposition

Statement of Claim struck out with leave to re-plead

Orders

  • The Statement of Claim be struck out pursuant to O 11 r 16(b).
  • The Applicant be granted leave to re-plead.