Federal Court of Australia
JUDGMENT No, "Oy 3]
IN THE FEDERAL COURT NOT INTENDED FOR GENERAL DISTRIBUTION
) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY )
)
GENERAL DIVISION NO. WAG 68 Of 1987
BETWEEN: CITIWEST MANAGEMENT SERVICES PTY LTD Applicant and
PHILIP HOLZMANN, A.G. and WILLIAM
PETERSEN Respondents MINUTE OF ORDER ow Noe " ry bi we ; A 2 ", JUDGE MAKING ORDER: FRENCH J. YY ", ad i Sad > - ery DATE OF ORDER: 30 November 1987 7 . . re os WHERE MADE: PERTH c\ oa ~ G5 a THE COURT ORDERS THAT: 7 On the Respondents' motion filed 22 October 1987:- l. Paragraphs 5, 6A, 7.6, 10.2, 11 and 12 of the Amended Statement of Claim are struck out. 2. The Applicant is to pay the Respondents' costs of the
motion.
NOTE: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTPALIA DISTPICT REGISTRY GENERAL DIVISION
NOT INTENDED FOR GENFRAL DISTRIBUTION
NO. WAG 68 Of 1987
BETWFEN: CITIWEST MANAGDMFNT SERVICES PTY LTD Applicant
and
PHILIP HOLZMANN, A.G. and WILLIAM PETERSEN
Respondents
CORAM; FRENCH J. 30 November 1987
EX _TEMPORE REASONS FOR JUDGMENT
This 1S a motion under 0.11 r.16 to strike out an amended statement of claim to the extent and on the grounds that it 1S vague, embarrassing and discloses no reasonable cause of
action. Order 11 r.16 provides that:-
"Where a pleading -
(a) discloses no reasonable cause of action or defence or other case appropriate to the nature of the pleading;
(b) has a tendency to cause prejudice, embarrassment or delay in the proceeding; or
(c) is otherwise an abuse of the process of the Court,
the Court may at any stage of the proceeding order that the whole or any part of the pleading be struck out."
The tests for the exercise of the power conferred upon
the Court are well established and require that 1t should be
2.
exercised sparingly and only where the statement of claim or the part of 1t that 1s attacked 1s so clearly untenable that it cannot
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