Tempo Services v State of NSW [2000] NSWSC 8

Tempo Services v State of NSW [2000] NSWSC 8

The plaintiff's Amended Summons was struck out as it failed to disclose any cause of action; the pleadings did not establish misleading or deceptive conduct, nor contractual or legal basis for compensation, and the Fair Trading Act did not bind the first defendant as pleaded.

Parties
Plaintiff: Tempo Services Limited; First Defendant: State of New South Wales; Second Defendant: William Butler
Jurisdiction
Australia
Judgment Date
03 February 2000
Procedural Posture
Application to Strike Out / Decision on Notice of Motion
Outcome
plaintiff's Amended Summons struck out; plaintiff to pay defendants' costs
Legal Topics
Strike Out Pleadings, Failure to Disclose Cause of Action, Misleading and Deceptive Conduct, Estoppel
Contract Law Commercial Law Strike Out Pleadings Failure to Disclose Cause of Action Misleading and Deceptive Conduct Estoppel

Case Brief

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Parties

Tempo Services Limited

Plaintiff

State of New South Wales

First Defendant

William Butler

Second Defendant

Procedural Posture

Application to Strike Out / Decision on Notice of Motion

Legal Issues

  1. 1 Whether the Amended Summons discloses any cause of action
  2. 2 Whether the plaintiff could rely on the Fair Trading Act against the State
  3. 3 Whether alleged representations by the defendants were misleading or deceptive

Ratio Decidendi

The plaintiff's Amended Summons was struck out as it failed to disclose any cause of action; the pleadings did not establish misleading or deceptive conduct, nor contractual or legal basis for compensation, and the Fair Trading Act did not bind the first defendant as pleaded.

Court Disposition

plaintiff's Amended Summons struck out; plaintiff to pay defendants' costs

Orders

  • Plaintiff's Amended Summons filed in Court on 29 October 1999 be struck out
  • Plaintiff pay the defendants' costs of the Notice of Motion