W.A. Pines Pty Ltd v. Bannerman, Ronald Moore [1980] FCA 16

W.A. Pines Pty Ltd v. Bannerman, Ronald Moore [1980] FCA 16

Paragraph 5 of the statement of claim disclosed no reasonable cause of action, as the s.155 notice’s language was consistent with statutory requirements; however, paragraph 6 was not struck out as it properly pleaded a cause of action and no basis was found for denying applicant’s pursuit. Discovery and interrogatories were denied due to lack of disclosed factual foundation for the applicant’s contention.

Parties
Applicant: W.A. Pines Pty. Ltd; Respondent: Ronald Moore Bannerman
Jurisdiction
Australia
Judgment Date
25 January 1980
Procedural Posture
Application for Declaration / Interlocutory/directions Hearing, Strike Out Motion
Outcome
Paragraph 5 of statement of claim struck out as disclosing no reasonable cause of action; no order made for discovery or interrogatories.
Legal Topics
Trade Practices Commission Notices, Section 155 Compliance, Discovery and Interrogatories, Strike Out Pleadings
Administrative Law Trade Practices Trade Practices Commission Notices Section 155 Compliance Discovery and Interrogatories Strike Out Pleadings

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Parties

W.A. Pines Pty. Ltd

Applicant

Ronald Moore Bannerman

Respondent

Procedural Posture

Application for Declaration / Interlocutory/directions Hearing, Strike Out Motion

Legal Issues

  1. 1 Whether a s.155 notice under the Trade Practices Act 1974 is void for lack of definition and fails to disclose required belief
  2. 2 Whether the respondent had legally sufficient reason to issue the notice
  3. 3 Whether discovery and interrogatories should be ordered

Ratio Decidendi

Paragraph 5 of the statement of claim disclosed no reasonable cause of action, as the s.155 notice’s language was consistent with statutory requirements; however, paragraph 6 was not struck out as it properly pleaded a cause of action and no basis was found for denying applicant’s pursuit. Discovery and interrogatories were denied due to lack of disclosed factual foundation for the applicant’s contention.

Court Disposition

Paragraph 5 of statement of claim struck out as disclosing no reasonable cause of action; no order made for discovery or interrogatories.

Orders

  • Paragraph 5 of the statement of claim is struck out as disclosing no reasonable cause of action.
  • No order for discovery or interrogatories is made.