Scales, P.G. & Ors v. Systems Support Pty Ltd & Anor [1986] FCA 34

Scales, P.G. & Ors v. Systems Support Pty Ltd & Anor [1986] FCA 34

The claim for breach of contract is not disparate or unrelated but arises from a common substratum of facts concerning the acquisition and alleged representations regarding the computer system, forming one controversy. The Federal Court has jurisdiction through its accrued jurisdiction to determine both the claim under the Trade Practices Act and the breach of contract claim.

Parties
Applicants: Philip George Scales, Jay Engelbrecht, David John Hart, Alfio Macolino, Angus John Redford, Frederick Mark Boyd Turner trading as "Scales & Partners"; Respondent: Systems Support Pty. Ltd.; Respondent: Ashley Brian Dixon
Jurisdiction
Australia
Judgment Date
06 February 1986
Procedural Posture
Application/notice of Motion / Interlocutory (application to Strike Out Pleadings)
Outcome
Application to strike out paragraph 1 of Notice of Motion dismissed with costs.
Legal Topics
Federal Jurisdiction, Accrued Jurisdiction, Misleading or Deceptive Conduct, Contractual Claims, Breach of Contract
Practice and Procedure Jurisdiction Trade Practices Federal Jurisdiction Accrued Jurisdiction Misleading or Deceptive Conduct Contractual Claims Breach of Contract

Case Brief

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Parties

Philip George Scales, Jay Engelbrecht, David John Hart, Alfio Macolino, Angus John Redford, Frederick Mark Boyd Turner trading as "Scales & Partners"

Applicants

Systems Support Pty. Ltd.

Respondent

Ashley Brian Dixon

Respondent

Procedural Posture

Application/notice of Motion / Interlocutory (application to Strike Out Pleadings)

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to determine a claim based solely on a contractual term not pleaded as misleading or deceptive conduct under the Trade Practices Act 1974
  2. 2 Whether the contractual claim is separable from or forms part of the 'matter' constituting federal jurisdiction under the accrued jurisdiction doctrine

Ratio Decidendi

The claim for breach of contract is not disparate or unrelated but arises from a common substratum of facts concerning the acquisition and alleged representations regarding the computer system, forming one controversy. The Federal Court has jurisdiction through its accrued jurisdiction to determine both the claim under the Trade Practices Act and the breach of contract claim.

Court Disposition

Application to strike out paragraph 1 of Notice of Motion dismissed with costs.

Orders

  • Paragraph 1 of the Notice of Motion dated 15 January 1986 is dismissed.
  • Further consideration of the application under paragraph 2 of the Notice of Motion is adjourned to a date to be fixed.