Federal Court of Australia
CATCHWORDS
PRACTICE AND PROCEDURE - motion to strike out statement of claim and application - need to plead material facts not conclusions or evidence - need to plead with sufficient particularity - whether unacceptable degree of generality - whether statement of claim establishes
requisite federal element.
Trade Practices Act: s. 52
Federal Court Rules: oO. 11 r. 16, O. 20 r. 2
VAZSONY PTY. LIMITED v. TOOHEYS LIMITED and AUSTOTEL MANAGEMENT PTY.
LIMITED
G204 of 1987
LOCKHART J.
SYDNEY
17 JUNE 1987
- \ Lom ceuRr OF ~! \ \ FEL a eh A ff
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES REGISTRY
GENERAL DIVISION
No. G 204 of 1987
BETWEEN: VAZSONY PTY. LIMITED Applicant AND: TOOHEYS LIMITED
First Respondent
AUSTOTEL MANAGEMENT PTY. LIMITED
Second Respondent
JUDGE MAKING ORDER: LOCKHART J. WHERE MADE: SYDNEY DATE ORDER: 17 JUNE 1987
MINUTE OF ORDER
THE COURT ORDERS THAT:
1.
NOTE:
The statement of claim be struck out.
The applicant pay the respondents' costs of the notice of
motion filed on 19 May 1987.
Leave be granted to the applicant to file and serve a fresh statement of claim and an amended application on or before l
July 1987.
The application be adjourned for further directions to 9 July
1987.
Settlement and entry of orders is dealt with in Order 36 of
the Federal Court rules.
IN THE FFDFRAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES REGISTRY ) No. G 204 of 1987 ) )
GENERAL DIVISION
BETWEEN: VAZSONY PTY. LIMITED Applicant AND: TOOHEYS LIMITED
First Respondent
AUSTOTEL MANAGEMENT PTY. LIMITED
Second Respondent 17 June 1987
REASONS FOR JUDGMENT
LOCKHART J.
Tooheys Limited ("Tooheys"") and Austotel Management Pty. Limited ("Austotel") (together called "the respondents") move to strike out the application and statement of claim on the grounds that the statement of claim discloses no reasonable cause of action and has a tendency to cause embarrassment in the proceeding (0. 11 r. 16 of the Rules). It was also contended that the proceeding 1s frivolous or
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