BWK Elders Australia Pty Ltd v Westgate Wool Company Pty Ltd & Ors (No.2) [2002] FCA 87

BWK Elders Australia Pty Ltd v Westgate Wool Company Pty Ltd & Ors (No.2) [2002] FCA 87

The Statement of Claim sufficiently alleges facts, if proved, to constitute causes of action for contraventions of the Trade Practices Act and common law deceit, including accessorial liability, and the impugned paragraphs are not embarrassing. Leave is granted to amend to add common law claims.

Parties
Applicant / Cross Respondent: BWK Elders (Australia) Pty Ltd (ACN 000 320 794); First Respondent / First Cross Claimant: Westgate Wool Company Pty Ltd (ACN 007 387 902); Second Respondent / Second Cross Claimant: Peter Joseph Anderson; Third Respondent / Third Cross Claimant: Matt Ilmari Kaine; Fourth Respondent / Fourth Cross Claimant: Graeme John Moyle
Jurisdiction
Australia
Judgment Date
12 February 2002
Procedural Posture
Interlocutory Application (notice of Motion) to Strike Out Pleading / Ruling on Motion to Strike Out Statement of Claim / Leave to Amend
Outcome
Orders sought in paragraphs 1 and 2 of the respondents' notice of motion refused. Leave to applicant to amend the application to include further claims granted. Motion adjourned with liberty to apply for relisting.
Legal Topics
Pleadings, Strike Out Application, Trade Practices Act
Practice and Procedure Trade Practices Pleadings Strike Out Application Trade Practices Act

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Parties

BWK Elders (Australia) Pty Ltd (ACN 000 320 794)

Applicant / Cross Respondent

Westgate Wool Company Pty Ltd (ACN 007 387 902)

First Respondent / First Cross Claimant

Peter Joseph Anderson

Second Respondent / Second Cross Claimant

Matt Ilmari Kaine

Third Respondent / Third Cross Claimant

Graeme John Moyle

Fourth Respondent / Fourth Cross Claimant

Procedural Posture

Interlocutory Application (notice of Motion) to Strike Out Pleading / Ruling on Motion to Strike Out Statement of Claim / Leave to Amend

Legal Issues

  1. 1 Whether the applicant's Statement of Claim discloses a reasonable cause of action
  2. 2 Whether the Statement of Claim contains sufficient material facts and particularity
  3. 3 Whether pars 88, 89 and 91 of the Statement of Claim should be struck out as embarrassing

Ratio Decidendi

The Statement of Claim sufficiently alleges facts, if proved, to constitute causes of action for contraventions of the Trade Practices Act and common law deceit, including accessorial liability, and the impugned paragraphs are not embarrassing. Leave is granted to amend to add common law claims.

Court Disposition

Orders sought in paragraphs 1 and 2 of the respondents' notice of motion refused. Leave to applicant to amend the application to include further claims granted. Motion adjourned with liberty to apply for relisting.

Orders

  • Orders sought in paragraphs 1 and 2 of the respondents' notice of motion filed on 18 January 2002 are refused.
  • Notice of motion otherwise adjourned to a date to be fixed, with liberty to any party to relist for further hearing.