Business Travel Media Pty Ltd v M Media Group Pty Ltd [2023] FCA 411

Federal Court of Australia

Business Travel Media Pty Ltd v M Media Group Pty Ltd [2023] FCA 411 File number: NSD 1030 of 2022

Judgment of: LEE J

Date of judgment: 24 March 2023

Date of publication of reasons: 3 May 2023

Catchwords: PRACTICE AND PROCEDURE – pleadings in contract, misleading and deceptive conduct and unconscionable conduct cases – necessity of pleading with precision – applicant directed to amend statement of claim

Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, s 21 Federal Court of Australia Act 1976 (Cth) Pt VB, s 37N(2)

Cases cited: Berry v CCL Secure Pty Ltd [2020] HCA 27; (2020) 271 CLR 151 Forrest v Australian Securities and Investments Commission [2012] HCA 39; (2012) 247 CLR 486

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

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

Number of paragraphs: 17

Date of hearing: 24 March 2023

Counsel for the applicant: Ms G Edwards

Solicitors for the applicant: Gupta & Co

Counsel for the respondents: Mr B Goodyear

Solicitors for the respondents: Norton Rose Fulbright

ORDERS NSD 1030 of 2022

BETWEEN: BUSINESS TRAVEL MEDIA PTY LTD ACN 146 640 557 Applicant

AND: GROUPM COMMUICATIONS PTY LTD ACN 009 312 419 First Respondent

M MEDIA GROUP PTY LTD ACN 067 886 131 Second Respondent

order made by: LEE J DATE OF ORDER: 24 MARCH 2023

THE COURT ORDERS THAT:

1. By 5pm on 5 May 2023, the applicant file an amended statement of claim. 2. The matter be stood over for a case management hearing at 9:30am on 17 May 2023. 3. The applicant pay the respondents' costs thrown away by reason of the amendment of the statement of claim. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.