Hearn v O'Rourke [2002] FCA 1179

Hearn v O'Rourke [2002] FCA 1179

The conduct alleged—statements made to secure interviews for a documentary—did not occur 'in trade or commerce' as required by s 52 of the Trade Practices Act 1974 (Cth) because it lacked the necessary commercial character and relationship between applicants and respondents. Accordingly, the statement of claim should be struck out.

Parties
First Applicant: Taccara Jayne Hearn; Second Applicant: Kellie Anne Allardice; First Respondent: Dennis O'Rourke; Second Respondent: Camerawork Pty Ltd (ACN 002 277 296)
Jurisdiction
Australia
Judgment Date
20 September 2002
Procedural Posture
Civil / Motion to Strike Out Statement of Claim
Outcome
statement of claim struck out; costs awarded to respondents
Legal Topics
Statement of Claim, Misleading Conduct, Trade or Commerce Requirement, S 52 Trade Practices Act
Practice and Procedure Trade Practices Statement of Claim Misleading Conduct Trade or Commerce Requirement S 52 Trade Practices Act

Case Brief

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Parties

Taccara Jayne Hearn

First Applicant

Kellie Anne Allardice

Second Applicant

Dennis O'Rourke

First Respondent

Camerawork Pty Ltd (ACN 002 277 296)

Second Respondent

Procedural Posture

Civil / Motion to Strike Out Statement of Claim

Legal Issues

  1. 1 Whether the facts pleaded and particularised give rise to a contravention of s 52 of the Trade Practices Act 1974 (Cth)
  2. 2 Whether the conduct alleged took place in trade or commerce as required by s 52

Ratio Decidendi

The conduct alleged—statements made to secure interviews for a documentary—did not occur 'in trade or commerce' as required by s 52 of the Trade Practices Act 1974 (Cth) because it lacked the necessary commercial character and relationship between applicants and respondents. Accordingly, the statement of claim should be struck out.

Court Disposition

statement of claim struck out; costs awarded to respondents

Orders

  • The statement of claim be struck out.
  • The applicants pay the respondents' costs on the motion.