Sereika v Cardinal Financial Securities Ltd [2001] FCA 1715

FEDERAL COURT OF AUSTRALIA

Sereika v Cardinal Financial Securities Ltd [2001] FCA 1715 PRACTICE AND PROCEDURE –representative proceedings – pleadings – notices of motion to have the pleadings struck out and the proceedings dismissed – where the statement of claim is the fourth version of the applicant's statement of claim filed in the proceeding – whether the pleadings disclose any cause of action in law or equity – whether the proceedings ought to be dismissed – principles of pleading – pleadings in representative proceedings – common question of fact and law – in the absence of any identification of a common issue of fact or law, the statement of claim is defective in a fundamental respect and does not meet the requirements of ss 33C and 33H of the Federal Court of Australia Act 1976 (Cth) – where statements of claim allege misleading or deceptive conduct but do not specify the representations said to have been made nor the material conduct said to give rise to such representations – the defects in the pleadings are so substantial that the statement of claim ought to be struck out as against the applicants to the notices of motion – the point has been reached at which the proceeding should be dismissed

Federal Court of Australia Act 1976 (Cth) Part IVA Trade Practices Act 1974 (Cth) s 87, s 52 Corporations Law s 995 Cameron v Qantas Airways Ltd (1993) ATPR 41-251 Bright v Femcare Ltd (1999) 166 ALR 743 Phillip Morris (Aust) Pty Ltd v Nixon (2000) 170 ALR 487 Murphy v Overton Investments Pty Ltd [1999] FCA 1123 Jacob and Goldrein Pleadings Principles and Practice (1990) JOHN ANTHONY SEREIKA v CARDINAL FINANCIAL SECURITIES LIMITED (formerly INTEQ CUSTODIANS LIMITED), PHILLIP WASS, LYALL WILLIAMS, STEVEN SEREIKA, STAPLETON PARTNERS PTY LIMITED, PRICEWATERHOUSECOOPERS SECURITIES LIMITED (formerly COOPERS & LYBRAND (SECURITIES) LIMITED), AUSTRALIAN TEA TREE MANAGEMENT LIMITED, TEA TREE PLANTATION LIMITED AND LANDMARK FINANCE PTY LIMITED (formerly FARM FINANCE AUSTRALIA LIMITED) N654 OF 2000 JOHN ANTHONY SEREIKA v CARDINAL FINANCIAL SECURITIES LIMITED (formerly INTEQ CUSTODIANS LIMITED), PHILLIP WASS, LYALL WILLIAMS, STEVEN SEREIKA, STAPLETON PARTNERS PTY LIMITED, DELOITTES TOUCHE THOMATSU INTERNATIONAL, AUSTRALIAN TEA TREE MANAGEMENT LIMITED, TEA TREE PLANTATION LIMITED AND LANDMARK FINANCE PTY LIMITED N1005 OF 2001 TAMBERLIN J SYDNEY 7 DECEMBER 2001