Seven Network Limited v News Limited [2003] FCA 388

Seven Network Limited v News Limited [2003] FCA 388

The Statement of Claim fails to plead material facts specifically linking the Master Agreement provision, at the time it came into effect, to the alleged substantial lessening of competition in relevant markets, as required by s 45(2) Trade Practices Act. Consequently, identified paragraphs, which do not adequately address this link, must be struck out and leave is granted to replead.

Jurisdiction
Australia
Judgment Date
06 May 2003
Procedural Posture
Civil / Interlocutory: Motion to Strike Out Pleadings
Outcome
motion partly allowed
Legal Topics
['pleadings' 'striking Out' 'trade Practices Act S 45(2)' 'anti Competitive Agreements']
['competition Law' 'practice & Procedure'] ['pleadings' 'striking Out' 'trade Practices Act S 45(2)' 'anti Competitive Agreements']

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Procedural Posture

Civil / Interlocutory: Motion to Strike Out Pleadings

Legal Issues

  1. 1 ['Whether the Statement of Claim discloses material facts establishing contraventions of s 45(2) Trade Practices Act 1974' 'Whether the pleadings sufficiently link the Master Agreement provision to the alleged lessening of competition' 'Adequacy of pleading purpose and effect of anti-competitive provisions']

Ratio Decidendi

The Statement of Claim fails to plead material facts specifically linking the Master Agreement provision, at the time it came into effect, to the alleged substantial lessening of competition in relevant markets, as required by s 45(2) Trade Practices Act. Consequently, identified paragraphs, which do not adequately address this link, must be struck out and leave is granted to replead.

Court Disposition

motion partly allowed

Orders

  • ['Paragraphs 225, 227, 228, 239-254, 207-223, 383, 386 and 390 of the Statement of Claim struck out' "Cross-references '159 to 175, 194 to 196 and' in par 201, '159 to 185, 194 to 196, and' in par 203, '159 to 193' in par 206 struck out" 'Parties to bring in agreed short minutes of order within fourteen days...