Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Johnstone v HIH Insurance Limited [2004] FCA 1414 PRACTICE AND PROCEDURE – Pleadings - Strike out applications with respect to Amended Application and Statement of Claim – Sufficiency of pleadings – Representative proceedings – Procedural requirements - Definition of group members – Inherently confusing formulation of pleading – Failure to specify conduct – Inability to ascertain group membership with certainty – Application of Philip Morris principles – Insufficient particularisation – Inconsistency in allegations – Purpose of pleadings – Application and Statement of Claim struck out in entirety – Leave to re-plead granted – Federal Court of Australia Ac t 1976 (Cth) s 33C Federal Court of Australia Act 1976 (Cth) s 33C(1)(a) Trade Practices Act 1974 (Cth) Corporations Law ss 995 and s 999 Johnstone v HIH Limited [2004] FCA 190 cited Philip Morris (Australia) Ltd v Nixon (2000) 170 ALR 487 referred to BRIAN ALEXANDER JOHNSTONE v HIH INSURANCE LIMITED (ACN 008 636 575) (IN LIQUIDATION) AND ORS N317 of 2002 TAMBERLIN J SYDNEY 2 NOVEMBER 2004
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N317 OF 2002
BETWEEN: BRIAN ALEXANDER JOHNSTONE
APPLICANT
AND: HIH INSURANCE LIMITED (ACN 008 636 575)
(IN LIQUIDATION)
FIRST RESPONDENT
GEOFFREY ARTHUR COHEN
SECOND RESPONDENT
JUSTIN HERBERT GARDENER
THIRD RESPONDENT
CHARLES PERCY ABBOTT
FOURTH RESPONDENT
ROBERT REGINALD STITT
FIFTH RESPONDENT
RODNEY STEPHEN ADLER
SIXTH RESPONDENT
RAYMOND REGINALD WILLIAMS
SEVENTH RESPONDENT
TERENCE KEVIN CASSIDY
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