State of Queensland v Pioneer Concrete (Qld) Pty Ltd [1999] FCA 499

FEDERAL COURT OF AUSTRALIA

State of Queensland v Pioneer Concrete (Qld) Pty Ltd [1999] FCA 499

Practice and procedure - Pleadings - striking out statement of claim - Court's overriding discretion to control pleadings - flexible approach of the Court in the application of the rules of pleading - whether pleadings of conclusions necessarily impermissible - pleading of "overt acts' as a means of serving the object of pleadings where an action based on a clandestine arrangement - importance of pleading facts showing connection between conduct complained of and loss thereby caused. DECEIT - Damages recoverable are limited to the sum representing the loss suffered by the applicant because it acted in reliance on the defendant's false representation - in the absence of pleaded facts , such damages do not extend to losses the applicant would have suffered if the respondent had not only not made the misrepresentation but had disclosed the true position about the subject matter of the misrepresentation. CONSPIRACY - Whether permissible to sue on a conspiracy to commit a joint tort when the joint tort is also actionable. CONSPIRACY - Whether applicant can sue at common law on a conspiracy to commit an unlawful act where the act, previously lawful, is only made unlawful by a statute which also gives a remedy for any loss thereby suffered. IMPLIED WARRANTY - Requirements for pleading implied warranty in tripartite and bipartite contracts.

Trade Practices Act 1975 (Cth)ss 45, 52, 82

Criminal Code (Qld) 1899 s 430

Federal Court RulesO 11 r 2, O 10 r 1

Council for the City of the Gold Coast v Pioneer Concrete (Qld) Pty Ltd & Ors (1998) 157 ALR 135 followed

Dare v Pulham (1982) 148 CLR 658 cited

Multigroup Distribution Services Pty Ltd v TNT Australia Pty Ltd (1996) ATPR ¶41-552 cited

Astrovlanis Compania Naviera SA v Linard [1972] 2 QB 611 cited