Aussie Home Security Pty Ltd v Sales Systems Australia Pty Ltd [1999] FCA 1458

FEDERAL COURT OF AUSTRALIA

Aussie Home Security Pty Ltd v Sales Systems Australia Pty Ltd [1999] FCA 1458 PRACTICE AND PROCEDURE - application for summary relief in respect of statement of claim, cross-claim and particulars - whether claim of breach of s 52 of Trade Practices Act insufficiently pleaded and particularised - whether sufficient to plead that alleged representations as to future matters were misleading or deceptive because the contrary of the representations came to pass - whether necessary to identify which of alleged representations are representations as to future matters when pleadings invoke s 51A of Trade Practices Act - whether necessary to particularise precise terms of alleged representations - whether breaches of alleged duty of care insufficiently pleaded or particularised - whether alleged loss and damage sufficiently particularised. Trade Practices Act 1974 (Cth) ss 51A, 52(1), 53 Federal Court Rules O 11, r 4 Phoenix Court Pty Ltd v Melbourne Central Pty Ltd (1997) ATPR 46-179, followed McKellar v Container Terminal Management Services Ltd (1999) 165 ALR 409, cited Pioneer Electronics Australia Pty Ltd v Edge Technology Pty Ltd [1999] FCA 142 (Kenny J; unreported; 24 February 1999), cited Hunt Contracting Co Pty Ltd v Roebuck Resources NL (1992) 110 ALR 183, followed Beach Petroleum NL v Johnson (1991) 105 ALR 456, cited Bartlett v Swan Television & Radio Broadcasters Pty Ltd (1995) ATPR 41-434, cited AUSSIE HOME SECURITY PTY LIMITED (ACN 074 847 582) & ANOR v SALES SYSTEMS AUSTRALIA PTY LIMITED (ACN 078 674 692) & ORS NG 1319 OF 1998 KATZ J SYDNEY 26 OCTOBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1319 of 1998

BETWEEN: AUSSIE HOME SECURITY PTY LIMITED

(ACN 074 847 582)

First Applicant