High Court of Australia
IN THE HIGH COURT OF AUSTRALIA
_ FRANKLINS FOOD PTY. LIMITED
Vv.
. CADBURY-FRY=PASCALL PTY. LIMITED AND OTHERS
REASONS FOR JUDGMENT
60 seats,
Judgment delivered at.......... SYDNEY... on. Friday, 26th. sugust.1966....
'A. C. Brooks, Government Printer, Melbourne ©.7639/60
YRANKLINS FOOD PTY. LIMITED Ve
CADBURY =FRY=PASCALL, PTY. LIMITED AND OTHERS
ORDER
Statement of claim struck out. Reserve liberty to the plaintiff to deliver a farther statement of clei vithin twenty-one days from the date of this order. Costs of the application te be paid by the plaintiff. Certify for counsel.
FRA FOOD PTY. LIMITED Ve
CADBURY~FRY<PASCALL PTY. LIMITED AND OTHERS
(ORAL)
FRANELINS POOD PT¥. LIMITED Ve
CADBURY=FRY-PASCALL PTY. LIMITED AND OTHERS
The pleading ef a claim under the Australien Industries Preservation Act is without question a complicated and a difficult matter. It haa proved so in other cases and is proving so in this ease, and I consider that in determining &@ pleading summons, some allowance oust be made for the inevitable complications of such a pleading. Furthermore,
I have a strong reluctance to see litigation held up by protracted and expensive interlocutory proceedings. Nevertheless, despite these considerntions, I have come to the definite conclusion that I must accede to the application vhich the defendants now make,
The crux of tho pleading under consideration is in pars. 59, 60 and 6! where the combination complained of is pleaded,
In my opinion, these paragraphs do not allege with sufficient precision either the combination of vhich the plaintiff complains, er what the pleintiff complains has been done by the defendants pursuant to that combination. Particular mattors of uncertainty concern the extent to which retail trade and ite eontrol are within the combination and whether or not the combination is alleged to exist in relation to all chocolate mamafectured by the defendants or whether merely packeted chocolate that ia manufactured by the defendants. This lack of precision does, I think, infect the whole of the statexzent of claim.
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