Johnson Tiles Pty Ltd v Esso Australia Ltd [1999] FCA 569

FEDERAL COURT OF AUSTRALIA

Johnson Tiles Pty Ltd V Esso Australia Ltd [1999] FCA 569 PRACTICE AND PROCEDURE – application to strike out statement of claim – allegation of misleading conduct of which silence is alleged to be the element that makes the conduct misleading - whether pleading of causation must rely on misleading conduct or silence – consideration of Court's discretion to strike out a pleading where particulars might be ordered at a later stage of the proceeding Bond Corporation Pty Ltd v Thiess Contactors Pty Ltd (1987) 14 FCR 215 – considered Gould and Birbeck and Bacon v Mount Oxide Mines Ltd 22 CLR 490 – cited Brambles Holdings Ltd v Trade Practices Commission (1979) 28 ALR 191 - cited

JOHNSON TILES PTY LTD v ESSO AUSTRALIA LTD VG 519 OF 1998 AND VG 524 OF 1998 JUDGE: MERKEL J DATE: 4 MAY 1999 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 519 OF 1998 AND 524 OF 1998

BETWEEN: JOHNSON TILES PTY LTD

(ACN 004 576 103)

First Applicant

DOUGLAS CHALMERS

Second Applicant

GREGORY ALAN DEAN

Third Applicant

AND: ESSO AUSTRALIA LTD

(ACN 000 018 566)

First Respondent

ESSO AUSTRALIA RESOURCES LTD

(ARBN 000 444 860)

Second Respondent JUDGE: MERKEL J

DATE OF ORDER: 4 MAY 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The respondent's motion dated 3 May 1999 be dismissed. 2. The applicants' and the respondents' costs of and incidental to the Motion be costs in the cause.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 519 OF 1998 and