Australian Parking and Revenue Control Pty Ltd v Reino International Pty Ltd

Australian Parking and Revenue Control Pty Ltd brought proceedings against Reino International Pty Ltd and PT Consultants, two companies involved in the supply and installation of pay parking machines. The dispute arose from an allegation that PT Consultants made misleading and deceptive representations to Parking Agencies, which led to Reino being awarded a tender contract. Australian Parking claimed that this resulted in it losing a chance to secure the contract. The case came before the Federal Court, which had to decide whether parts of the amended statement of claim should be struck out for failing to disclose a reasonable cause of action and for not pleading the material facts necessary to formulate a complete cause of action.

The court found that the amended statement of claim did not adequately plead the material facts necessary to establish a cause of action against PT Consultants, as the alleged misleading and deceptive representations were only attributed to Reino. Consequently, the claims against PT Consultants and most of the claims against Reino were struck out. However, the court allowed the claims related to misleading and deceptive representations on Reino’s website to stand, along with the claims for declaratory and injunctive relief concerning those representations. The court reasoned that these parts of the amended statement of claim disclosed a reasonable cause of action and included the necessary material facts.

The Federal Court allowed the interlocutory application by the second respondent to strike out parts of the amended statement of claim, except for certain paragraphs that pertained to the misleading and deceptive representations on Reino’s website. The court also dismissed the application by the first respondent to strike out parts of the amended statement of claim. It reserved the question of costs and directed the parties to confer and formulate draft orders to give effect to the judgment, including any further amendments to the statement of claim. The court gave the parties until a specified date to reach an agreement on the terms of the proposed further orders.