Boase v Seven Network (Operations) Ltd

Case [2004] WASC 245


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



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASC 245
Case No:CIV:1701/200420 SEPTEMBER 2004
Coram:MASTER NEWNES24/11/04
20Judgment Part:1 of 1
Result: Statement of claim struck out
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…

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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.

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