Williams v FAI Home Security Pty Ltd [1999] FCA 1771

Williams v FAI Home Security Pty Ltd [1999] FCA 1771

Although Pt IVA may affect pleadings in some respects, it does not remove the need for a representative applicant to plead and particularise the case sufficiently. The respondents were entitled at this stage to further and better particulars of the alleged representations and related dealings for group members presently known to the applicants, but there was no basis to strike out the whole proceeding or to vary the confidentiality undertaking concerning group member names.

Jurisdiction
Australia
Judgment Date
14 December 1999
Procedural Posture
Pt IVA Federal Court of Australia Act 1976 (cth) Representative Proceeding / Respondents' Amended Notice of Motion to Strike Out Paragraphs of the Amended Statement of Claim, Strike Out the Amended Application and Amended Statement of Claim, Obtain Further and Better Particulars, and Seek Disclosure of Group Member Names
Outcome
Respondents substantially succeeded on the key complaints concerning particulars; leave to further amend was granted, further and better particulars were ordered, strike out and group-member-name disclosure relief were not granted, and applicants were ordered to pay the respondents' costs of the amended notice of...
Legal Topics
['pt IVA Representative Proceeding' 'strike Out of Pleadings' 'further and Better Particulars' 'group Member Particulars' 'confidentiality of Group Member Names' 'misleading or Deceptive Conduct Allegations']
['practice and Procedure' 'representative Proceedings' 'pleadings' 'trade Practices'] ['pt IVA Representative Proceeding' 'strike Out of Pleadings' 'further and Better Particulars' 'group Member Particulars' 'confidentiality of Group Member Names' 'misleading or Deceptive Conduct Allegations']

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Procedural Posture

Pt IVA Federal Court of Australia Act 1976 (cth) Representative Proceeding / Respondents' Amended Notice of Motion to Strike Out Paragraphs of the Amended Statement of Claim, Strike Out the Amended Application and Amended Statement of Claim, Obtain Further and Better Particulars, and Seek Disclosure of Group Member Names

Legal Issues

  1. 1 ['Whether paragraphs of the amended statement of claim should be struck out under O 20 r2 or O 11 r16 of the Federal Court Rules.' 'Whether the amended application and amended statement of claim should be struck out under the Federal Court Rules and s 33C(1) of the Federal Court of Australia Act 1976 (Cth).' 'Whether the applicants were required at this stage to provide particulars of representations made to group members presently known to them.' "Whether the names of group members provided confidentially to the respondents' solicitors should be disclosed to the respondents." 'Whether the respondents should receive costs of the amended notice of motion.']

Ratio Decidendi

Although Pt IVA may affect pleadings in some respects, it does not remove the need for a representative applicant to plead and particularise the case sufficiently. The respondents were entitled at this stage to further and better particulars of the alleged representations and related dealings for group members presently known to the applicants, but there was no basis to strike out the whole proceeding or to vary the confidentiality undertaking concerning group member names.

Court Disposition

Respondents substantially succeeded on the key complaints concerning particulars; leave to further amend was granted, further and better particulars were ordered, strike out and group-member-name disclosure relief were not granted, and applicants were ordered to pay the respondents' costs of the amended notice of...

Orders

  • ['The applicants have leave to file and serve a further amended statement of claim by 4.00 pm on 22 December 1999.' 'The applicants file and serve by 4.00 pm on 22 December 1999 further and better particulars of paras 9, 11, 16 and 18 of the amended statement of claim or of such paragraphs as are equivalent...