Trade Practices Commission v T.N.T. Management Pty Ltd & Ors [1979] FCA 68

Trade Practices Commission v T.N.T. Management Pty Ltd & Ors [1979] FCA 68

The challenged paragraphs should not be struck out. Paragraphs 26, 32 and 38 were referable to conduct before and after 1 July 1977, and striking them out would remove any allegation of breach by giving effect to the alleged arrangements or understandings. Any inadequacy in particulars for the period after 1 July 1977 did not justify striking out those paragraphs at this stage. There was also no reason to strike out the paragraphs setting out matters of law or paragraph 39, and Brambles could plead to the statement of claim and later pursue particulars if it wished.

Jurisdiction
Australia
Judgment Date
04 July 1979
Procedural Posture
Proceeding Seeking Pecuniary Penalties and Injunctions Under the Trade Practices Act 1974 / Interlocutory Application by the Second Defendant to Strike Out Paragraphs of the Statement of Claim or Alternatively for a Stay
Outcome
Application dismissed.
Legal Topics
['arrangements or Understandings in Breach of S.45' 'pecuniary Penalties' 'injunctions' 'strike Out Pleadings' 'particulars']
['trade Practices' 'civil Procedure'] ['arrangements or Understandings in Breach of S.45' 'pecuniary Penalties' 'injunctions' 'strike Out Pleadings' 'particulars']

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Procedural Posture

Proceeding Seeking Pecuniary Penalties and Injunctions Under the Trade Practices Act 1974 / Interlocutory Application by the Second Defendant to Strike Out Paragraphs of the Statement of Claim or Alternatively for a Stay

Legal Issues

  1. 1 ['Whether paragraphs 24(2), 25(2), 26, 30(2), 31(2), 32, 36(2), 37(2), 38 and 39 of the statement of claim should be struck out as tending to prejudice, embarrass or delay the fair trial of the action.' 'Whether, alternatively, the proceeding should be stayed if striking out relief was not granted.' 'Whether alleged inadequacy of particulars concerning conduct after 1 July 1977 justified striking out paragraphs alleging that Brambles gave effect to the arrangements or understandings.']

Ratio Decidendi

The challenged paragraphs should not be struck out. Paragraphs 26, 32 and 38 were referable to conduct before and after 1 July 1977, and striking them out would remove any allegation of breach by giving effect to the alleged arrangements or understandings. Any inadequacy in particulars for the period after 1 July 1977 did not justify striking out those paragraphs at this stage. There was also no reason to strike out the paragraphs setting out matters of law or paragraph 39, and Brambles could plead to the statement of claim and later pursue particulars if it wished.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']