Federal Court of Australia
Federal Court of Australia
Pizzino v Caratti (No 3) [2024] FCA 1278 File number: WAD 230 of 2023
Judgment of: COLVIN J
Date of judgment: 6 November 2024
Catchwords: PRACTICE AND PROCEDURE - application to strike out statement of claim and for summary dismissal - where facts required to establish causes of action not pleaded or insufficiently pleaded, such that not possible to ascertain causes of action with clarity - where earlier version of statement of claim struck out - where applicant was afforded an opportunity to replead - where respondent contends that application is out of time, however does not contend that claim is otherwise inarguable - where deficiencies in statement of claim do not enable the Court to reach conclusion that action is out of time or there is no arguable case - where counsel for the applicant indicated in oral submissions that independent counsel had been briefed - whether application should be struck out - whether applicant should be afforded a further opportunity to replead - held proceeding has not reached the point where it would be inconsistent with just resolution of the dispute for proceeding to be allowed to continue - statement of claim struck out - application for summary dismissal otherwise dismissed - liberty granted to re-plead
Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2 (Australian Consumer Law) ss 4, 18 Corporations Act 2001 (Cth) s 197
Cases cited: Anchorage Capital Master Offshore Ltd v Sparkes [2023] NSWCA 88; (2023) 111 NSWLR 304 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (Trial Judgment) [2024] FCA 766 Daebo Shipping Co Ltd v The Ship Go Star [2012] FCAFC 156; (2012) 207 FCR 220 Dare v Pulham (1982) 148 CLR 658 Hanel v O'Neill [2003] SASC 409 Karis v Digital CC Management Pty Ltd (No 3) [2024] FCA 738 Pizzino v Caratti [2023] FCA 1624 Productivity Partners Pty Ltd v Australian Competition and Consumer Commission [2024] HCA 27 Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514 White Industries Aust Ltd v Commissioner of Taxation [2007] FCA 511; (2007) 160 FCR 298
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