Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 5) [2010] FCA 1204

Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 5) [2010] FCA 1204

The challenged particulars alleging inconsistent treatment were uncertain, failed to identify the status and content of the alleged policy, the circumstances of its application, and how departure from it bore on honesty or bona fides; paragraph JJA was also oppressive because it identified too many companies and used the open-ended phrase 'at least'. The particulars alleging 'means to know' did not identify what the individual Respondents had the means to know or the relevant personnel, records or responses, and did not make clear how those matters supported lack of honesty or bona fides, but the Applicant should not yet be shut out from properly particularising that allegation. Further...

Jurisdiction
Australia
Judgment Date
05 November 2010
Procedural Posture
Practice and Procedure; Interlocutory Notices of Motion Concerning Particulars to a Further Amended Statement of Claim in a Proceeding Alleging Misfeasance in Public Office / Before Final Hearing and Scheduled Mediation; Motions to Strike Out Particulars or Obtain Further and Better Particulars
Outcome
The Respondents were substantially successful on the motions. Some paragraphs of the Second Amended Particulars document were to be struck out with leave to provide further particulars; further particulars were required in respect of other paragraphs; no paragraph of the Further Amended Statement of Claim was to be...
Legal Topics
['particulars' 'strike Out' 'misfeasance in Public Office' 'mental Element' 'further and Better Particulars' 'federal Court Case Management' 'parliamentary Privilege' 'certification of Pleadings']
['practice and Procedure' 'administrative Law' 'torts' 'parliamentary Privilege'] ['particulars' 'strike Out' 'misfeasance in Public Office' 'mental Element' 'further and Better Particulars' 'federal Court Case Management' 'parliamentary Privilege' 'certification of Pleadings']

Case Brief

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Procedural Posture

Practice and Procedure; Interlocutory Notices of Motion Concerning Particulars to a Further Amended Statement of Claim in a Proceeding Alleging Misfeasance in Public Office / Before Final Hearing and Scheduled Mediation; Motions to Strike Out Particulars or Obtain Further and Better Particulars

Legal Issues

  1. 1 ['Whether particulars alleging inconsistent treatment by the Therapeutic Goods Administration should be struck out for irrelevance, uncertainty or oppression.' 'Whether particulars alleging that individual respondents had the means to know matters should be struck out or further particularised.' 'Whether further particulars were required in response to the orders made on 8 September 2010 and the requests in the letter dated 30 August 2010.' 'Whether parliamentary privilege under the Parliamentary Privileges Act 1987 (Cth) should be resolved before trial in relation to proposed evidence about legislative amendments.' 'Whether any paragraph of the Further Amended Statement of Claim should be struck out.' 'Whether updated certification of pleadings should be required.']

Ratio Decidendi

The challenged particulars alleging inconsistent treatment were uncertain, failed to identify the status and content of the alleged policy, the circumstances of its application, and how departure from it bore on honesty or bona fides; paragraph JJA was also oppressive because it identified too many companies and used the open-ended phrase 'at least'. The particulars alleging 'means to know' did not identify what the individual Respondents had the means to know or the relevant personnel, records or responses, and did not make clear how those matters supported lack of honesty or bona fides, but the Applicant should not yet be shut out from properly particularising that allegation. Further...

Court Disposition

The Respondents were substantially successful on the motions. Some paragraphs of the Second Amended Particulars document were to be struck out with leave to provide further particulars; further particulars were required in respect of other paragraphs; no paragraph of the Further Amended Statement of Claim was to be...

Orders

  • ['The parties are to bring in short minutes of orders to give effect to these reasons.' 'The proceeding is stood over to 9.30 am on a date to be fixed.']