Saizeriya Co Ltd v Peregrine Management Group Pty Ltd [2003] FCA 1483

Saizeriya Co Ltd v Peregrine Management Group Pty Ltd [2003] FCA 1483

It is premature to order transfer of the proceeding to the Supreme Court of Victoria, as the pleadings are not closed and the character of the case cannot yet be adequately determined; the motion for transfer should be adjourned with liberty to renew. Certain paragraphs and particulars in the applicants’ amended statement of claim fail to properly plead material facts or causal nexus, or are too vague or broad, and should be struck out with liberty to replead.

Jurisdiction
Australia
Judgment Date
12 December 2003
Procedural Posture
Application/interlocutory Motions / Interlocutory Application for Transfer and Strike Out Motion
Outcome
Application for transfer adjourned as premature; strike-out motion partially successful; certain paragraphs struck out with liberty to replead; costs orders made.
Legal Topics
['transfer of Proceedings' 'striking Out Pleadings' 'misleading and Deceptive Conduct' 'breach of Contract' 'breach of Warranty' 'negligence' 'jurisdiction' 'arbitration and Stay' 'industrial Relations Consultancy']
['practice and Procedure' 'trade Practices' 'contracts' 'negligence' 'consumer Law'] ['transfer of Proceedings' 'striking Out Pleadings' 'misleading and Deceptive Conduct' 'breach of Contract' 'breach of Warranty' 'negligence' 'jurisdiction' 'arbitration and Stay' 'industrial Relations Consultancy']

Case Brief

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Procedural Posture

Application/interlocutory Motions / Interlocutory Application for Transfer and Strike Out Motion

Legal Issues

  1. 1 ['Whether the proceeding should be transferred to the Supreme Court of Victoria under s 5(4)(b) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) and/or s 86A of the Trade Practices Act 1974 (Cth)' 'Whether particular paragraphs of the amended statement of claim should be struck out for failing to disclose reasonable cause of action or being embarrassing or vague' 'Whether the application to transfer is premature as pleadings are not closed and whether a stay for arbitration is prejudiced by such deferral' 'Whether sufficient particulars and causal connection are pleaded for damage claims under contract, Trade Practices, and negligence']

Ratio Decidendi

It is premature to order transfer of the proceeding to the Supreme Court of Victoria, as the pleadings are not closed and the character of the case cannot yet be adequately determined; the motion for transfer should be adjourned with liberty to renew. Certain paragraphs and particulars in the applicants’ amended statement of claim fail to properly plead material facts or causal nexus, or are too vague or broad, and should be struck out with liberty to replead.

Court Disposition

Application for transfer adjourned as premature; strike-out motion partially successful; certain paragraphs struck out with liberty to replead; costs orders made.

Orders

  • ['The motion for transfer, notice dated 15 September 2003, is adjourned until after pleadings have closed.' 'Costs of the transfer motion are reserved.' 'Paragraphs 20, 21, 21A and 25A and paragraphs (vii), (viii), (x) and (xi) of the particulars subjoined to paragraph 25 of the amended statement of claim be struck...