Wainter Pty Ltd ACN 008 725 586 v Freehills (A Firm) [2008] FCA 562

Wainter Pty Ltd ACN 008 725 586 v Freehills (A Firm) [2008] FCA 562

Although the broad outline of Wainter's case was visible, the amended statement of claim was embedded in embarrassing, unnecessarily complex and at times almost incomprehensible pleading. It obscured rather than clarified the issues, contained unsatisfactory global and indiscriminate allegations, and could not be saved by striking out superfluous paragraphs. It required wholesale reworking, so the statement of claim was struck out with leave to file a substituted statement of claim and the applicant was ordered to pay the respondents' costs of the motions.

Jurisdiction
Australia
Judgment Date
24 April 2008
Procedural Posture
Motion to Strike Out Statement of Claim in Whole or in Part / Interlocutory Motion After Filing of Amended Statement of Claim
Outcome
The statement of claim was struck out, with leave to file a substituted statement of claim, and the applicant was ordered to pay the respondents' costs of the motions.
Legal Topics
['sufficiency of Statement of Claim' 'strike Out Application' 'embarrassing Pleading' 'case Management' 'misleading or Deceptive Conduct Allegations' 'non Disclosure Allegations']
['practice and Procedure' 'pleadings'] ['sufficiency of Statement of Claim' 'strike Out Application' 'embarrassing Pleading' 'case Management' 'misleading or Deceptive Conduct Allegations' 'non Disclosure Allegations']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Motion to Strike Out Statement of Claim in Whole or in Part / Interlocutory Motion After Filing of Amended Statement of Claim

Legal Issues

  1. 1 ['Whether the amended statement of claim should be struck out in whole or in part for substantial deficiencies in pleading.' "Whether the applicant's reliance on a robust contemporary approach to pleadings could sustain a statement of claim that obscured rather than clarified the issues." 'Whether a party pleading that a statement as to a future matter was made without reasonable grounds must plead the basis for the absence of reasonable grounds.']

Ratio Decidendi

Although the broad outline of Wainter's case was visible, the amended statement of claim was embedded in embarrassing, unnecessarily complex and at times almost incomprehensible pleading. It obscured rather than clarified the issues, contained unsatisfactory global and indiscriminate allegations, and could not be saved by striking out superfluous paragraphs. It required wholesale reworking, so the statement of claim was struck out with leave to file a substituted statement of claim and the applicant was ordered to pay the respondents' costs of the motions.

Court Disposition

The statement of claim was struck out, with leave to file a substituted statement of claim, and the applicant was ordered to pay the respondents' costs of the motions.

Orders

  • ['The statement of claim be struck out.' 'The applicant have leave to file a substituted statement of claim on or before 22 May 2008.' 'The respondents file their defences to the substituted statement of claim by 12 June 2008.' 'The applicant is to file any reply by 26 June 2008.' "The applicant pay the costs of the...