The Council for the City of the Gold Coast v Pioneer Concrete (Qld) Pty Ltd & Ors [1998] FCA 791

FEDERAL COURT OF AUSTRALIA

Practice and procedure - Pleadings - striking out statement of claim - when necessary to plead overt acts justifying inference of arrangement or understanding in contravention of s 45(2) Trade Practices Act 1974 - need to plead in deceit claim material facts in which misrepresentations are to be implied - requirements for pleading tortious conspiracy - need to identify in pleading material facts showing causal relationship between contravention and loss - Federal Court Rules, O11 r 16. Practice and procedure - Pleadings - Civil conspiracy - Whether permissible to allege common law conspiracy constituted by the making of an agreement that is proscribed by statute.

Trade Practices Act 1974 (Cth) - ss 45, 52, 82 Criminal Code (Qld) Federal Court Rules - O 11 r 16

Adsteam Building Industries Pty Limited v The Queensland Cement and Lime Company Limited (No 4) [1985] 1 Qd R 127, referred to Bond Corporation Pty Ltd v Thiess Contractors Pty Ltd (1987) 14 FCR 215, referred to Mick Skorpos Petrol Discount King Pty Ltd v The Shell Company of Australia Limited (1997) ATPR ¶41-556, referred to Krakowski v Eurolynx Properties Limited (1995) 183 CLR 563, applied Harris v Cigna Insurance Australia Limited (1995) ATPR ¶41-445, applied Little v Law Institute of Victoria [1990] VR 257, applied Trade Practices Commission v Allied Mills Industries Pty Ltd (1980) 48 FLR 102, referred to Ward v Lewis [1955] 1 WLR 9, referred to Pancontinental Mining Ltd v Posgold Investments Pty Ltd (1994) 121 ALR 405, referred to Korp v Egg and Egg Pulp Marketing Board [1964] VR 563, referred to R v Barnett [1951] 2 KB 425, referred to Mogul Steamship Company, Limited v McGregor, Gow & Co [1892] AC 25, referred to Mann v Eccott (Hunt J, Supreme Court of New South Wales, unreported, 22 February 1989), referred to Trade Practices Commission v Australian Iron & Steel Pty Ltd (1990) 22 FCR 305, referred to