Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd [2002] FCA 1210

Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd [2002] FCA 1210

The existing pleading contained several defective allegations that should be struck out or amended, including overly broad employee duty allegations, aspects of alleged Trade Practices Act participation, publication and authorisation allegations in copyright, and pleaded representations or warranties. However, the material showed that Checked-Out had at least pleadable causes of action against the Solicitor Respondents, including possible knowing participation, copyright infringement by reproduction, and misleading representations. The claims therefore should not be summarily dismissed; Checked-Out should be given leave to file a further amended statement of claim, paying costs thrown...

Jurisdiction
Australia
Judgment Date
19 September 2002
Procedural Posture
Federal Court Proceeding Alleging Breach of Contractual and Fiduciary Duties, Breach of Confidence, Contraventions of the Trade Practices Act and Fair Trading Act, and Copyright Infringement / Notices of Motion by the Sixth to Eleventh Respondents and the Twelfth Respondent Seeking Summary Dismissal Under Order 20 Rule 2 of the Federal Court Rules; Application for Leave to File a Further Amended Statement of Claim
Outcome
Leave granted to file a further amended statement of claim; summary dismissal motions to be dismissed with costs upon filing of the further amended statement of claim; notices of motion adjourned.
Legal Topics
['summary Dismissal' 'amendment of Pleadings' 'fiduciary Duties of Employees' 'breach of Confidence' 'copyright Infringement' 'misleading or Deceptive Conduct' 'aiding and Abetting Contraventions' 'authorisation of Copyright Infringement']
['civil Procedure' 'intellectual Property' 'equity' 'contract' 'trade Practices' 'fair Trading'] ['summary Dismissal' 'amendment of Pleadings' 'fiduciary Duties of Employees' 'breach of Confidence' 'copyright Infringement' 'misleading or Deceptive Conduct' 'aiding and Abetting Contraventions' 'authorisation of Copyright Infringement']

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Procedural Posture

Federal Court Proceeding Alleging Breach of Contractual and Fiduciary Duties, Breach of Confidence, Contraventions of the Trade Practices Act and Fair Trading Act, and Copyright Infringement / Notices of Motion by the Sixth to Eleventh Respondents and the Twelfth Respondent Seeking Summary Dismissal Under Order 20 Rule 2 of the Federal Court Rules; Application for Leave to File a Further Amended Statement of Claim

Legal Issues

  1. 1 ['Whether the claims against the Solicitor Respondents disclosed no reasonable cause of action or were frivolous for the purposes of Order 20 rule 2 of the Federal Court Rules.' 'Whether allegations that the Solicitor Respondents aided and abetted or knowingly participated in breaches of contractual and fiduciary duties and breaches of confidence by the Employee Respondents were capable of being pleaded.' "Whether the pleaded allegations concerning the Solicitor Respondents' participation in alleged contraventions of the Trade Practices Act and the Fair Trading Act should be struck out." 'Whether Checked-Out pleaded an arguable claim that copyright subsisted in its pro forma building inspection report and that the Solicitor Respondents infringed it by reproduction, publication or authorisation.' "Whether the Solicitor Respondents' provision of Eagle Eye building inspection reports to clients could support pleaded representations or warranties under the Trade Practices Act and Fair Trading Act."]

Ratio Decidendi

The existing pleading contained several defective allegations that should be struck out or amended, including overly broad employee duty allegations, aspects of alleged Trade Practices Act participation, publication and authorisation allegations in copyright, and pleaded representations or warranties. However, the material showed that Checked-Out had at least pleadable causes of action against the Solicitor Respondents, including possible knowing participation, copyright infringement by reproduction, and misleading representations. The claims therefore should not be summarily dismissed; Checked-Out should be given leave to file a further amended statement of claim, paying costs thrown...

Court Disposition

Leave granted to file a further amended statement of claim; summary dismissal motions to be dismissed with costs upon filing of the further amended statement of claim; notices of motion adjourned.

Orders

  • ['The applicant be given leave to file a further amended statement of claim amended substantially to the effect set out in the Schedule to these orders.' 'The applicant pay the costs thrown away by any amendment referred to in order 1.' 'Upon the filing of such a further amended statement of claim, the notices of...