Sareena Enterprises Pty Ltd v Prospex Profile Pty Ltd [2000] FCA 1527

FEDERAL COURT OF AUSTRALIA

Sareena Enterprises Pty Ltd v Prospex Profile Pty Ltd [2000] FCA 1527 PRACTICE AND PROCEDURE – pleadings – whether application should be dismissed – whether statement of claim should be struck out – where statement of claim does not sufficiently set out a cause of action - whether it is necessary for a statement of claim to describe information claimed to be confidential in relation to an action for breach of confidence – whether it is necessary for a statement of claim to indicate the origin of representations said to give rise to a breach of s 52 of the Trade Practices Act 1974 (Cth) – whether sufficient to plead that a respondent induced a breach of contract INTELLECTUAL PROPERTY – confidential information – whether it is necessary for a statement of claim to describe the information claimed to be confidential CONTRACTS – enforceability by third party – where the parties to a contract purport to vary that contract to benefit a third party – whether third party can enforce the contract as varied CONTRACTS – inducing breach of contract – whether sufficient to plead that a respondent induced a breach of contract – necessity of pleading that the respondent intentionally or knowingly induced the breach of contract TRADE PRACTICES – consumer protection - whether it is necessary for a statement of claim to indicate the origin of representations alleged to give rise to a breach of s 52 of the Trade Practices Act 1974 (Cth) Federal Court Rules O11 r 16, O 20 r 2 Dey v Victorian Railway Commissioners (1948-1949) 78 CLR 62 at 91 applied General Steel Industries Inc. v Commissioner for Railways (N.S.W.) (1964) 112 CLR 125 at 129 applied Empire Shipping Co Inc v Owners of the Ship "Shin Kobe Maru" (1991) 104 ALR 489 referred to Pancontinental Mining Ltd v Posgold Investments Pty Ltd (1994) 121 ALR 405 referred to Banque Commerciale S.A. en Liquidation v Akhil Holdings Ltd (1990) 169 CLR 279 at 286 applied Balkin and Davis Law of Torts 2nd ed. 1996 at p. 603 SAREENA ENTERPRISES PTY LTD V PROSPEX PROFILE PTY LTD N 1101 of 2000 STONE J 27 OCTOBER 2000 SYDNEY