QPSX Limited ACN 083 702 907 v Ericsson Australia Pty Ltd ACN 004 071 854 [2004] FCA 1134

QPSX Limited ACN 083 702 907 v Ericsson Australia Pty Ltd ACN 004 071 854 [2004] FCA 1134

Most of the statement of claim was struck out as failing to disclose a reasonable cause of action or as embarrassing; only the contract claim for breach of the Memorandum of Agreement survived.

Jurisdiction
Australia
Judgment Date
01 September 2004
Procedural Posture
Motion to Strike Out / Interlocutory
Outcome
Paragraphs of statement of claim struck out; leave to replead granted.
Legal Topics
['pleadings' 'strike Out Motion' 'breach of Contract' 'misleading or Deceptive Conduct']
['practice and Procedure' 'contract Law' 'competition and Consumer Law'] ['pleadings' 'strike Out Motion' 'breach of Contract' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Motion to Strike Out / Interlocutory

Legal Issues

  1. 1 ['Whether parts of the statement of claim should be struck out for failing to disclose a reasonable cause of action or being embarrassing' 'Whether claims for misleading or deceptive conduct arising from execution of the agreement disclose a reasonable cause of action' 'Whether alleged representations as to the proper construction of the agreement are logically connected to external circumstances']

Ratio Decidendi

Most of the statement of claim was struck out as failing to disclose a reasonable cause of action or as embarrassing; only the contract claim for breach of the Memorandum of Agreement survived.

Court Disposition

Paragraphs of statement of claim struck out; leave to replead granted.

Orders

  • ['Paragraphs 15-20, 23-27, 30-41, 55, 58, 62-64 and 69 of the statement of claim are struck out.' 'Applicants have leave to file and serve a substituted statement of claim on or before 30 September 2004.' 'Parties have leave to make submissions on costs on or before 21 September 2004.' 'Respondents to file and serve...