Wright Rubber Products Pty Ltd v Bayer AG (No 2) [2009] FCA 1317

Wright Rubber Products Pty Ltd v Bayer AG (No 2) [2009] FCA 1317

The amended statement of claim is struck out because it fails to define group members with sufficient clarity, does not plead all material facts required to establish causes of action under the Trade Practices Act, and inadequately and inconsistently pleads the relevant market and the conduct alleged. The failures are fundamental and render the pleading embarrassing, preventing the respondents from fairly answering the case. The defects are not remediable by minor amendment.

Jurisdiction
Australia
Judgment Date
13 November 2009
Procedural Posture
Representative Proceeding (class Action), Motion to Strike Out / Strike Out Application Resulting in Summary Judgment
Outcome
Amended statement of claim struck out. Applicant to pay specified respondents’ costs of the strike out application.
Legal Topics
['strike Out of Pleadings' 'pleading Requirements in Representative Proceedings' 'market Definition Under Trade Practices Act 1974 (cth)' 'cartel Conduct' 'group Member Identification']
['competition Law' 'practice and Procedure'] ['strike Out of Pleadings' 'pleading Requirements in Representative Proceedings' 'market Definition Under Trade Practices Act 1974 (cth)' 'cartel Conduct' 'group Member Identification']

Case Brief

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Procedural Posture

Representative Proceeding (class Action), Motion to Strike Out / Strike Out Application Resulting in Summary Judgment

Legal Issues

  1. 1 ['Whether the amended statement of claim adequately identifies group members for a representative proceeding under the Federal Court of Australia Act 1976 (Cth)' 'Whether the amended statement of claim sufficiently pleads material facts to establish causes of action, especially under the Trade Practices Act 1974 (Cth)' 'Whether the definition of the relevant market satisfies requirements for pleading a contravention of the Trade Practices Act 1974 (Cth)' 'Whether global market allegations can support a claim for a market ‘in Australia’ under the Act' 'Whether claims regarding the involvement of Australian and foreign respondents are adequately pleaded']

Ratio Decidendi

The amended statement of claim is struck out because it fails to define group members with sufficient clarity, does not plead all material facts required to establish causes of action under the Trade Practices Act, and inadequately and inconsistently pleads the relevant market and the conduct alleged. The failures are fundamental and render the pleading embarrassing, preventing the respondents from fairly answering the case. The defects are not remediable by minor amendment.

Court Disposition

Amended statement of claim struck out. Applicant to pay specified respondents’ costs of the strike out application.

Orders

  • ['The amended statement of claim be struck out.' "The applicant pay the first, second, third and fifth respondents' costs of the strike out application."]