Federal Court of Australia
Trade Practices - consumer protection - sale of computer hardware and software - whether misleading and deceptive conduct - alternatively whether representations made
fraudulently or negligently
Practice and Procedure - application to strike out parts of statement of claim - whether reasonable cause of action disclosed - meaning attached to statements pleaded a matter for trial judge to determine - whether representations pleaded are statements as to future conduct - tendency to cause prejudice or embarrassment - whether lack of clarity
may be cured by further and better particulars
Trade Practices Act 1974 Part V ss. 52, 53(c)
ISLINGTON NOMINEES PTY. LTD. v. N.C.R. AUSTRALIA PTY. LIMITED
No. WA G17 of 1983
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I9DEC I9ey FEQERAL . JF
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Toohey d. Perth 15 December 1983
IN THE FEDERAL COURT OF AUSTRALIA
) ) WESTEPN AUSTRALIA ) No. WA G17 of 1983 DISTRICT REGISTRY } .
)
GENERAL DIVISION
BETWEEN:
ISLINGTON NOMINEES PLY. LTD.
Applicant and
N.C.R. AUSTRALIA PTY. LIMITED
Respondent Oo R D E R JUDGE MAKING ORDER : Toohey J. DATE OF ORDER : 15 December 1983 WHERE MADE : Perth THE COURT ORDERS THAT: 1. The respondent's motion filed on 2 November
1983 be dismissed.
2. The respondent pay the applicant's costs of
the motion in any event.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G17 of 1983
BETWEEN: ISLINGTON NOMINEES PTY. LTD.
Applicant and N.C.R. AUSTRALIA PTY. LIMITED
Respondent
CORAM: TOOHEY J.
15 December 1983
REASONS FOR JUDGMENT
This is a motion to strike out large segments of a
statement of claim.
The substantive application seeks rescission of a number of contracts made between the applicant and the respondent and
further, or in the alternative, damages under the Trade Practices
Act 1974 and at common law.
The motion primarily relies upon the contention that the paragraphs of the statement of claim under attack disclose no reasonable cause of action. Some of those paragraphs are said to have a tendency to cause prejudice or embarrassment to the respondent. In so far as the motion asserts that paragraphs of
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