Travel Compensation Fund v Internova Travel Pty Limited (in liquidation) & Ors [2003] FCA 664

Travel Compensation Fund v Internova Travel Pty Limited (in liquidation) & Ors [2003] FCA 664

The paragraphs 109 to 117 of the draft amended statement of claim were struck out as against the third, fourth and ninth respondents as the pleading failed to state sufficient material facts to disclose a reasonable cause of action and caused embarrassment and prejudice; leave to replead was granted.

Jurisdiction
Australia
Judgment Date
02 July 2003
Procedural Posture
Civil / Ruling on Notice of Motion to Strike Out Parts of Statement of Claim
Outcome
Paragraphs struck out as against the third, fourth and ninth respondents; leave to replead granted.
Legal Topics
['pleadings' 'travel Agents' 'trusts and Compensation Schemes' "corporate/directors' Liability"]
['commercial Law'] ['pleadings' 'travel Agents' 'trusts and Compensation Schemes' "corporate/directors' Liability"]

Case Brief

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Procedural Posture

Civil / Ruling on Notice of Motion to Strike Out Parts of Statement of Claim

Legal Issues

  1. 1 ['Whether paragraphs 109 to 117 of the draft amended statement of claim should be struck out as against the third, fourth and ninth respondents' "Whether the applicant's pleading sufficiently discloses the material facts and cause of action under the Travel Agents Act 1986 (NSW)"]

Ratio Decidendi

The paragraphs 109 to 117 of the draft amended statement of claim were struck out as against the third, fourth and ninth respondents as the pleading failed to state sufficient material facts to disclose a reasonable cause of action and caused embarrassment and prejudice; leave to replead was granted.

Court Disposition

Paragraphs struck out as against the third, fourth and ninth respondents; leave to replead granted.

Orders

  • ['Paragraphs 109 to 117 of the draft amended statement of claim are struck out as against the third, fourth and ninth respondents.' 'Leave be granted to the applicant to replead those parts of the pleadings that have been struck out.']