Sammy Russo Meat Supplies Pty Ltd & Anor v Australian Safeway Stores Pty Ltd & Ors [1998] FCA 1192

Sammy Russo Meat Supplies Pty Ltd & Anor v Australian Safeway Stores Pty Ltd & Ors [1998] FCA 1192

Leave to file and deliver the proposed amended application and further amended statement of claim was refused because the allegations against Safeway in paragraphs 20 and 21 did not sufficiently identify the complaints, conversations or material facts said to establish Safeway's involvement, and paragraph 23 did not...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 September 1998
Procedural Posture
Application for Leave to File and Deliver an Amended Application and Further Amended Statement of Claim Pleading Contraventions of Ss 48, 96 and 75 B of the Trade Practices Act 1974 (cth) / Motion Filed 30 June 1998 for Leave to Amend
Outcome
Leave to file and deliver the proposed amended application and further amended statement of claim was refused, with leave to apply for leave to deliver a further amended application and further amended statement of claim limited to causes of action under ss 48, 96 and 75B of the Trade Practices Act 1974 (Cth).
Legal Topics
['pleadings' 'amendment of Statement of Claim' 'particulars' 'resale Price Maintenance' 'loss and Damage']
['practice and Procedure' 'trade Practices'] ['pleadings' 'amendment of Statement of Claim' 'particulars' 'resale Price Maintenance' 'loss and Damage']

Source-derived case record

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Procedural Posture

Application for Leave to File and Deliver an Amended Application and Further Amended Statement of Claim Pleading Contraventions of Ss 48, 96 and 75 B of the Trade Practices Act 1974 (cth) / Motion Filed 30 June 1998 for Leave to Amend

Legal Issues

  1. 1 ['Whether paragraphs 20 and 21 of the proposed further amended statement of claim pleaded allegations against Safeway with sufficient particularity to enable Safeway to know the case it had to meet.' 'Whether the allegations against Bartter were sufficiently clear and pleaded material facts adequately.' 'Whether paragraph 23 adequately pleaded and particularised loss and damage, including loss of profits and damage to goodwill and reputation.' 'Whether leave should be granted to file and deliver the proposed amended application and further amended statement of claim.']

Ratio Decidendi

Leave to file and deliver the proposed amended application and further amended statement of claim was refused because the allegations against Safeway in paragraphs 20 and 21 did not sufficiently identify the complaints, conversations or material facts said to establish Safeway's involvement, and paragraph 23 did not plead loss and damage with the required clarity or particularity. The allegations against Bartter were not otherwise so deficient as to prevent the pleading proceeding, but the proposed pleading as a whole could not be accepted; the applicants were nevertheless given an opportunity to apply to deliver a further amended application and further amended statement of claim.

Court Disposition

Leave to file and deliver the proposed amended application and further amended statement of claim was refused, with leave to apply for leave to deliver a further amended application and further amended statement of claim limited to causes of action under ss 48, 96 and 75B of the Trade Practices Act 1974 (Cth).

Orders

  • ['The applicants be refused leave to file and deliver an amended application and further amended statement of claim in the form of the amended application and further amended statement of claim which are exhibits FR1 and FR2 to the affidavit of Frank Russo sworn 30 June 1998.' 'The applicants have leave to apply to...