Vazsony Pty Ltd v. Tooheys Ltd & Anor [1987] FCA 361

Vazsony Pty Ltd v. Tooheys Ltd & Anor [1987] FCA 361

The statement of claim did not adequately plead material facts to establish misleading or deceptive conduct under s. 52 of the Trade Practices Act or any other cause of action; it comprised background, evidence, and conclusions without sufficient factual particulars. It was therefore struck out for lack of reasonable cause of action and for being embarrassing.

Parties
Applicant: Vazsony Pty. Limited; First Respondent: Tooheys Limited; Second Respondent: Austotel Management Pty. Limited
Jurisdiction
Australia
Judgment Date
17 June 1987
Procedural Posture
Motion to Strike Out Statement of Claim and Application / Interlocutory (motion to Strike Out)
Outcome
Statement of claim struck out; leave granted to file and serve fresh statement of claim and amended application by 1 July 1987; application adjourned for further directions to 9 July 1987; costs of the notice of motion to respondents.
Legal Topics
Pleading Requirements, Misleading or Deceptive Conduct (s. 52 Trade Practices Act), Striking Out Pleadings, Federal Jurisdiction
Practice and Procedure Trade Practices Pleading Requirements Misleading or Deceptive Conduct (s. 52 Trade Practices Act) Striking Out Pleadings Federal Jurisdiction

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Parties

Vazsony Pty. Limited

Applicant

Tooheys Limited

First Respondent

Austotel Management Pty. Limited

Second Respondent

Procedural Posture

Motion to Strike Out Statement of Claim and Application / Interlocutory (motion to Strike Out)

Legal Issues

  1. 1 Whether the statement of claim discloses a reasonable cause of action under s. 52 of the Trade Practices Act
  2. 2 Whether facts are pleaded with sufficient particularity and materiality
  3. 3 Whether claims for unconscionable conduct, breach of contract, illegitimate pressure, and interference with contractual relations are adequately pleaded

Ratio Decidendi

The statement of claim did not adequately plead material facts to establish misleading or deceptive conduct under s. 52 of the Trade Practices Act or any other cause of action; it comprised background, evidence, and conclusions without sufficient factual particulars. It was therefore struck out for lack of reasonable cause of action and for being embarrassing.

Court Disposition

Statement of claim struck out; leave granted to file and serve fresh statement of claim and amended application by 1 July 1987; application adjourned for further directions to 9 July 1987; costs of the notice of motion to respondents.

Orders

  • The statement of claim be struck out.
  • The applicant pay the respondents' costs of the notice of motion filed on 19 May 1987.