Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 3) [2010] FCA 361

Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 3) [2010] FCA 361

Notwithstanding deficiencies, the present Amended Application and Amended Statement of Claim are sufficient to inform Respondents of the case to be met; pleadings should not be struck out or dismissed. Leave is granted to further amend pleadings in the manner proposed, as this will clarify group member definition and details. Criticisms raised do not warrant entering judgment for Respondents or strike out.

Parties
Applicant: Pharm-a-Care Laboratories Pty Ltd; First Respondent: Commonwealth of Australia; Second Respondent: Terry Slater; Third Respondent: Rita MacLachlan; Fourth Respondent: Pio Cesarin; Fifth Respondent: Robert Tribe; Sixth Respondent: Noel Fraser
Jurisdiction
Australia
Judgment Date
16 April 2010
Procedural Posture
Representative Proceeding (class Action) / Interlocutory Application for Strike Out/dismissal and Leave to Amend Pleadings
Outcome
Respondent's application to strike out or dismiss is refused. Applicant granted limited leave to amend pleadings. Parties ordered to bring in Short Minutes of Orders within seven days.
Legal Topics
Summary Judgment, Strike Out of Pleadings, Misfeasance in Public Office, Representative Proceedings, Class Action Requirements
Practice and Procedure Torts Summary Judgment Strike Out of Pleadings Misfeasance in Public Office Representative Proceedings Class Action Requirements

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Parties

Pharm-a-Care Laboratories Pty Ltd

Applicant

Commonwealth of Australia

First Respondent

Terry Slater

Second Respondent

Rita MacLachlan

Third Respondent

Pio Cesarin

Fourth Respondent

Robert Tribe

Fifth Respondent

Noel Fraser

Sixth Respondent

Procedural Posture

Representative Proceeding (class Action) / Interlocutory Application for Strike Out/dismissal and Leave to Amend Pleadings

Legal Issues

  1. 1 Do the Amended Application and Statement of Claim comply with mandatory requirements imposed by Part IVA of the Federal Court of Australia Act 1976?
  2. 2 Are the existing pleadings as to misfeasance against certain Respondents adequate?
  3. 3 Should judgment be entered or leave to amend given for deficiencies?

Ratio Decidendi

Notwithstanding deficiencies, the present Amended Application and Amended Statement of Claim are sufficient to inform Respondents of the case to be met; pleadings should not be struck out or dismissed. Leave is granted to further amend pleadings in the manner proposed, as this will clarify group member definition and details. Criticisms raised do not warrant entering judgment for Respondents or strike out.

Court Disposition

Respondent's application to strike out or dismiss is refused. Applicant granted limited leave to amend pleadings. Parties ordered to bring in Short Minutes of Orders within seven days.

Orders

  • Leave granted for Applicant to amend Application and Statement of Claim substantially in accordance with proposed drafts.
  • Parties to bring in Short Minutes of Orders to give effect to reasons within seven days.