Bailey v Veda Advantage Information Services and Solutions Limited

FEDERAL COURT OF AUSTRALIA

Bailey v Veda Advantage Information Services and Solutions Limited

[2007] FCA 1664

PRACTICE AND PROCEDURE – Representative proceedings – application to strike out paragraphs of pleading – application for summary dismissal – three class actions by individuals claiming that credit information provider had supplied to subscribing credit providers misleading and deceptive and defamatory information concerning their credit worthiness – challenge to identification of group members – challenge to specification of common questions of fact and law – whether pleaded imputations merely repeated express terms – issue whether s 65A of Trade Practices Act 1974 (Cth) provides defence to credit information provider to the claim of contravention of s 52 of that Act.

DEFAMATION – three class actions by individuals claiming that credit information provider had supplied to subscribing credit providers misleading and deceptive and defamatory information concerning their credit worthiness – challenge to identification of group members – challenge to specification of common questions of fact and law – whether pleaded imputations merely repeated express terms – issue whether s 65A of Trade Practices Act 1974 (Cth) provides defence to credit information provider to the claim of contravention of s 52 of that Act.

TRADE PRACTICES – three class actions by individuals claiming that credit information provider had supplied to subscribing credit providers misleading and deceptive and defamatory information concerning their credit worthiness – challenge to identification of group members – challenge to specification of common questions of fact and law – whether pleaded imputations merely repeated express terms – issue whether s 65A of Trade Practices Act 1974 (Cth) provides defence to credit information provider to the claim of contravention of s 52 of that Act.

Held:  certain paragraphs to be struck out and leave to amend granted.

Federal Court of Australia Act 1976 (Cth) ss 31A, 33C, 33H, 33ZF
Trade Practices Act 1974 (Cth) s 65A

Australian Competition & Consumer Commission v Seven Network Limited [2007] FCA 1505 referred to
Bond v Barry [2007] FCA 1484 referred to
Bright v Femcare Limited (2002) 195 ALR 574 cited
Harvey v John Fairfax Publications Pty Ltd [2005] NSWCA 255 cited
Horwitz Grahame Books Pty Ltd v Performance Publications Pty Ltd (1987) 8 IPR 25 referred to
Petrusevski v Bulldogs Rugby League Ltd [2003] FCA 61 cited

ANDREW BAILEY v VEDA ADVANTAGE INFORMATION
SERVICES AND SOLUTIONS LIMITED
NSD 371 of 2007

MELISSA MARIE SZYCZEW v VEDA ADVANTAGE INFORMATION
SERVICES AND SOLUTIONS LIMITED
NSD 368 of 2007

ZASHCA KNOCHELL v VEDA ADVANTAGE INFORMATION
SERVICES AND SOLUTIONS LIMITED

NSD 393 of 2007

LINDGREN J
2 NOVEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 371 OF 2007

BETWEEN:	ANDREW BAILEY Applicant
AND:	VEDA ADVANTAGE INFORMATION SERVICES AND SOLUTIONS LIMITED Respondent

JUDGE:	LINDGREN J
DATE OF ORDER:	2 NOVEMBER 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The proceeding be listed on Wednesday 7 November 2007 at 9.30 am for the making of orders, including orders as to costs.

Note:    Settlement and entry of…