Australian Competition & Consumer Commission v Pauls Ltd [1999] FCA 1750

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Pauls Ltd [1999] FCA 1750 PRACTICE AND PROCEDURE – pleadings – application to strike out statement of claim – claims of prolix pleadings – need for brevity – use of annexed documents to statement of claim coupled with allegations of the effect of those documents. Trade Practices Act 1974 (Cth) ss 52, 53(a), 53(c) and 53(eb) Federal Court Rules O 11 r 3, O 11 r 4 and O 11 r 16 Davy v Garrett (1877) 7 ChD 473 followed Hill v Hart Davis (1884) 26 ChD 470 followed Re Brazendale, (Northrop J, 31 October 1991, unreported) cited Bloom v Kugi Pty Ltd (Drummond J, 31 May 1991, unreported) cited Murex Diagnostics Australia Pty Ltd v Chiron Corporation (1995) 128 ALR 525 cited Torrens Aloha Pty Ltd v Citibank NA (1996) 32 ATR 450 applied Brambles Holdings Ltd v Trade Practices Commission (1979) 28 ALR 191 cited Carr v McDonald's Australia Ltd (1994) 63 FCR 358 cited Coshott v Kam Tou Mak (Wilcox J, 3 March 1998, unreported) cited AUSTRALIAN COMPETITION & CONSUMER COMMISSION v PAULS LIMITED (ACN 009 698 015) D 4 OF 1999 O'LOUGHLIN J 21 DECEMBER 1999 ADELAIDE (Heard in Darwin)

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D 4 OF 1999

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: PAULS LIMITED (ACN 009 698 015)

RESPONDENT

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 21 DECEMBER 1999

WHERE MADE: ADELAIDE (Heard in Darwin)

THE COURT ORDERS THAT:

1. The further amended statement of claim in this matter be struck out.

2. The applicant be at liberty to file and serve a further amended application and a second further amended statement of claim within twenty-eight days of this date.

3. The applicant file and serve within twenty-eight days of this date its answers to the respondent's request for further and better particulars of the further amended statement of claim.