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Boase v Seven Network (Operations) Ltd

Boase v Seven Network (Operations) Ltd

Case [2004] WASC 245 24 November 2004

Jurisdiction

Unconscionable Conduct

Misleading or Deceptive Conduct

Limitation Periods

Stay of Proceedings

Civil Litigation & Procedure

Commercial Law

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BOASE -v- SEVEN NETWORK (OPERATIONS) LTD & ANOR [2004] WASC 245

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2004] WASC 245
Case No:	CIV:1701/2004	Heard:	20 SEPTEMBER 2004
Coram:	MASTER NEWNES	Delivered:	24/11/04
No of pages:	20	Judgment Part:	1 of 1
Result:	Statement of claim struck out
Category:	B
PDF Version

Parties:	TIMOTHY BOASE SEVEN NETWORK (OPERATIONS) LTD (ACN 045 845 262) CHANNEL SEVEN PERTH PTY LTD (ACN 008 679 294)
Catchwords:	Practice and procedure Application to strike out statement of claim Claim by employee of misleading and deceptive conduct by employer Introduction by employer of policies relating to harassment and bullying in workplace Representations by employer as to the policies Whether conduct in trade or commerce under Trade Practices Act 1974 (WA) Turns on own facts
Legislation:	Trade Practices Act 1974 (Cth), s 4, s 51AC(1)(b), s 52
Case References:	Barto v GPR Management Services Pty Ltd (1991) 33 FCR 389 Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 Martin v Tasmania Development and Resources (1999) 163 ALR 79 Monroe Topple & Associates Pty Ltd v Institute of Chartered Accountants in Australia [2001] FCA 1056 Mulcahy v Hydro-Electric Commission (1998) 85 FCR 170 Stoelwinder v Southern Health Care Network (2000) 177 ALR 501 Village Building Co Ltd v Canberra International Airport Pty Ltd [2004] FCAFC 240 Walker v Salomon Smith Barney Securities Pty Ltd (2003) FCA 1099 Adamson v West Perth Football Club Inc (1979) 27 ALR 475 Alvito Pty Ltd v Bank of Western Australia Ltd [2003] WASC 64 Dalgety Australia v Rubin, unreported; SCt of WA; Library No 5485; 24 August 1984 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Kimberley Downs Pty Ltd v Western Australia, unreported; SCt of WA; Library No 6414; 25 August 1986 Niven v Grant (1903) 29 VLR 102

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : BOASE -v- SEVEN NETWORK (OPERATIONS) LTD & ANOR [2004] WASC 245 CORAM : MASTER NEWNES HEARD : 20 SEPTEMBER 2004 DELIVERED : 24 NOVEMBER 2004 FILE NO/S : CIV 1701 of 2004 BETWEEN : TIMOTHY BOASE

Plaintiff

AND

SEVEN NETWORK (OPERATIONS) LTD (ACN 045 845 262)

First Defendant

CHANNEL SEVEN PERTH PTY LTD (ACN 008 679 294)

Second Defendant

Catchwords:

Practice and procedure - Application to strike out statement of claim - Claim by employee of misleading and deceptive conduct by employer - Introduction by employer of policies relating to harassment and bullying in workplace - Representations by employer as to the policies - Whether conduct in trade or commerce under Trade Practices Act 1974 (WA) - Turns on own facts

Legislation:

Trade Practices Act 1974 (Cth), s 4, s 51AC(1)(b), s 52

(Page 2)

Result:

Statement of claim struck out

Category: B

Representation:

Counsel:

Plaintiff : Dr J J Edelman

First Defendant : Mr P D Evans

Second Defendant : Mr P D Evans

Solicitors:

Plaintiff : Bennett & Co

First Defendant : Freehills

Second Defendant : Freehills

Case(s) referred to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Boase v Seven Network (Operations) Ltd

Details

AGLC: Boase v Seven Network (Operations) Ltd [2004] WASC 245
Case: [2004] WASC 245
Decision Date

CaseChat Overview and Summary

In Boase v Seven Network (Operations) Ltd, the plaintiff, an employee of the second defendant, sought to bring claims against the first and second defendants for alleged misleading and deceptive conduct and unconscionable conduct under the Trade Practices Act 1974 (Cth). The court considered the defendants' application to strike out the plaintiff's statement of claim as disclosing no reasonable cause of action. The court found that the implementation of workplace policies by the defendants did not constitute conduct in trade or commerce as the policies did not vary the plaintiff's contract of employment. The court also found that the plaintiff's claims under s 51AC of the Trade Practices Act were unclear and confusing, and therefore struck out the relevant parts of the pleading. The court allowed the plaintiff liberty to replead the statement of claim within a specified time.

Orders