Trade Practices Commission v David Jones (Australia) Pty Ltd & ors [1985] FCA 373

Trade Practices Commission v David Jones (Australia) Pty Ltd & ors [1985] FCA 373

The statement of claim did not state material facts within the body of the pleading, instead relying on particulars, and therefore disclosed no reasonable cause of action; as such, the proper course is to strike out the statement of claim to allow proper pleading of material facts.

Parties
Applicant: Trade Practices Commission; First Respondent: David Jones (Australia) Pty. Limited; Second Respondent: Russwat Nominees Pty. Limited; Third Respondent: Myer S.A. Stores Limited; Fourth Respondent: Zellen Pty. Limited; Fifth Respondent: Bruce Handel Watt; Sixth Respondent: John Stanley Watson; Seventh Respondent: Christopher Russell; Eighth Respondent: Robert John Wood; Ninth Respondent: James Anthony Corcoran
Jurisdiction
Australia
Judgment Date
02 August 1985
Procedural Posture
Application to Strike Out Statement of Claim / Interlocutory
Outcome
Statement of claim struck out; applicant to pay costs of and incidental to the motion.
Legal Topics
Strike Out Pleadings, Material Facts Vs Particulars, Price Fixing Arrangements
Practice and Procedure Trade Practices Strike Out Pleadings Material Facts Vs Particulars Price Fixing Arrangements

Case Brief

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Parties

Trade Practices Commission

Applicant

David Jones (Australia) Pty. Limited

First Respondent

Russwat Nominees Pty. Limited

Second Respondent

Myer S.A. Stores Limited

Third Respondent

Zellen Pty. Limited

Fourth Respondent

Bruce Handel Watt

Fifth Respondent

John Stanley Watson

Sixth Respondent

Christopher Russell

Seventh Respondent

Robert John Wood

Eighth Respondent

James Anthony Corcoran

Ninth Respondent

Procedural Posture

Application to Strike Out Statement of Claim / Interlocutory

Legal Issues

  1. 1 Whether the statement of claim discloses a reasonable cause of action
  2. 2 Whether the statement of claim sufficiently states material facts as required by the Rules
  3. 3 Whether particulars can cure deficiencies in pleading material facts

Ratio Decidendi

The statement of claim did not state material facts within the body of the pleading, instead relying on particulars, and therefore disclosed no reasonable cause of action; as such, the proper course is to strike out the statement of claim to allow proper pleading of material facts.

Court Disposition

Statement of claim struck out; applicant to pay costs of and incidental to the motion.

Orders

  • The whole of the Trade Practices Commission statement of claim be struck out.
  • The Trade Practices Commission pay the costs of and incidental to the motion.