Charlie Carter Pty Ltd v. The Shop Distributive & Allied [1987] FCA 189

PRACTICE AND PROCEDURE - pleadings - application to strike out statement of claim - need to plead material facts not conclusions - need to plead with sufficient particularity - umacceptable level of generality - purpose of pleadings ~ particulars no substitute for material facts - secondary boycott - various related torts - union official - allegation of conduct in concert by several respondents - failure to identify with appropriate particularity

relevant conduct of union official - use of word "bans".

CHARLIE CARTER PTY LID v THE SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION OF WESTERN AUSTRALIA, THE TRANSPORT WORKERS UNION OF AUSTRALIA, INDUSTRIAL UNION OF WORKERS, WESTERN AUSTRALIAN BRANCH, THE AUSTRALIAN MEAT INDUSTRY EMPLOYEES UNION, FEDERATED CLERKS UNION OF AUSTRALIA, INDUSTRIAL UNION OF WORKERS (WA BRANCH) CLIVE BROWN and JOE BULLOCK

NO. WAG 74 of 1986

FRENCH J. 22 APRIL 1987 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

NO. WAG 74 of 1986 BETWEEN: CHARLIE CARTER PTY LTD APPLICANT and THE SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION OF WESTERN AUSTRALIA First Respondent and THE TRANSPORT WORKERS UNION OF AUSTRALIA, INDUSTRIAL UNION OF WORKERS, WESTERN AUSTRALIAN BRANCH Second Respondent

and

THE AUSTRALIAN MEAT INDUSTRY EMPLOYEES UNION

Third Respondent and FEDERATED CLERKS UNION OF AUSTRALIA INDUSTRIAL UNION OF WORKERS, (WA BRANCH)

Fourth Respondent

and

CLIVE BROWN

woe os Fifth Respondent and

JOE BULLOCK

Sixth Respndent

ee

2.

MINUTE OF ORDER

JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 22 April 1987 WHERE MADE: PERTH

THE COURT ORDERS THAT:

i. The applicant's statement of claim be struck out as

against the fifth respondent.

2-6 The applicant pay the fifth respondent's costs of the

motion in any event.

3. The applicant have leave to file an amended statement