Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lion-Dairy & Drinks Pty Limited v Sinclair Knight Merz Pty Limited [2013] FCA 869 Citation: Lion-Dairy & Drinks Pty Limited v Sinclair Knight Merz Pty Limited [2013] FCA 869
Parties: LION-DAIRY & DRINKS PTY LIMITED (ACN 004 486 631), BERRI PTY LIMITED (ACN 008 077 889) and LD & D AUSTRALIA PTY LIMITED (ACN 083 019 390) v SINCLAIR KNIGHT MERZ PTY LIMITED (ACN 001 024 095)
File number: NSD 1287 of 2013
Judge: GRIFFITHS J
Date of judgment: 27 August 2013
Catchwords: PRACTICE AND PROCEDURE – application to strike out statement of claim – consideration of relevant principles – whether statement of claim states the material facts sufficient to give fair notice – whether the pleading is evasive, ambiguous or likely to cause prejudice, embarrassment or delay – whether the pleading discloses a reasonable cause of action – whether references to members of large corporate group sufficiently clear
Legislation: Federal Court Rules 2011 rr 16.02, 16.21, 16.41 and 16.43 Trade Practices Act 1974 (Cth) s 52
Cases cited: Australian Competition and Consumer Commission v Craftmatic Pty Limited [2009] FCA 972 Burrup Fertilisers Pty Limited (Receivers and Managers Appointed) v Oswal (No 2) [2011] FCA 731 Mulhern's Properties Inc v Bank of Queensland [2013] FCA 401 Perre v Apand Pty Limited (1999) 198 CLR 180 Rivercity Motorway Finance Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) v AECOM Australia Pty Limited [2012] FCA 1304 Taylor v Lederman [2013] VSC 99 Wright Rubber Products Pty Limited v Bayer AG (No 2) [2008] FCA 1510
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