Australian Battery Distributors Pty Ltd v Robert Bosch (Australia) Pty Ltd [2016] FCA 389

FEDERAL COURT OF AUSTRALIA

Australian Battery Distributors Pty Ltd v Robert Bosch (Australia) Pty Ltd [2016] FCA 389 File number(s): QUD 719 of 2015

Judge(s): GREENWOOD J

Date of judgment: 18 April 2016

Catchwords: CONSUMER LAW – consideration of an application to strike out a statement of claim on the ground that the pleading fails to properly plead causes of action in reliance upon ss 18 and 21 of The Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth)

Legislation: Competition and Consumer Act 2010 (Cth), ss 4, 18, 21 and 22

Date of hearing: 12 April 2016

Date of last submissions: 12 April 2016

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Category: Catchwords

Number of paragraphs: 86

Counsel for the Applicant: Mr M Cooke

Solicitor for the Applicant: M Winn, Thynne + Macartney

Counsel for the Respondent: Mr J Richardson

Solicitor for the Respondent: K & L Gates

ORDERS QUD 719 of 2015

BETWEEN: AUSTRALIAN BATTERY DISTRIBUTORS PTY LTD

ABN 67 071 122 462 Applicant

AND: ROBERT BOSCH (AUSTRALIA) PTY LTD

ABN 48 004 315 628 Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 18 APRIL 2016

THE COURT ORDERS THAT:

1. The amended statement of claim filed on 20 October 2015 is struck out as to those parts of the amended statement of claim going to the formulation of the cause of action based upon a contended contravention of s 21 of The Australian Consumer Law set out at Schedule 2 to the Competition and Consumer Act 2010 (Cth). 2. The applicant is given leave to re-plead the statement of claim by filing a further amended statement of claim by 4.00pm on Thursday, 21 April 2016 and generally given leave to make the necessary changes to the pleading consistent with the reasons for judgment published today. 3. The applicant is directed to provide such further particulars as it may be capable of providing of the contended representation at para 11c of the amended statement of claim filed on 20 October 2015. 4. The applicant is directed to provide a short synopsis of the calculation of its reliance loss and damage identifying the link between conduct said to contravene s 18 of The Australian Consumer Law and its contended reliance loss. 5. The costs of and incidental to the application are reserved for later determination. 6. Pursuant to ss 23 and 37P of the Federal Court of Australia Act 1976 (Cth) and rr 1.32 and 1.36 of the Federal Court Rules 2011, these orders are made and published from Chambers and the reasons for judgment in support of the orders are published from Chambers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.