FEDERAL COURT OF AUSTRALIA
Christou v Stantons International Pty Ltd [2010] FCA 1150
Citation: Christou v Stantons International Pty Ltd [2010] FCA 1150 Parties: NICK CHRISTOU v STANTONS INTERNATIONAL PTY LTD ACN 103 088 697, STANTONS INTERNATIONAL SERVICES PTY LTD ACN 109 717 071, KEITH GRAEME LINGARD and NEIL KEVIN JOYCE File number: WAD 182 of 2010 Judge: MCKERRACHER J Date of judgment: 22 October 2010 Catchwords: PRACTICE AND PROCEDURE – application to strike out parts of the statement of claim – where vital links between alleged conduct and loss have not been made – where non-material facts have been pleaded Legislation: Federal Court Rules O 11 r 16 Cases cited: Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125
H 1976 Nominees Pty Ltd v Galli (1979) 40 FLR 242
Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Limited (2010) 270 ALR 204
Sun Earth Homes Pty Ltd v Australian Broadcasting Corporation (1990) 98 ALR 101
Wright Rubber Products Pty Ltd v Bayer AG [2008] ATPR 42-258Date of hearing: 19 October 2010 Place: Perth Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 27 Counsel for the Applicant: PG Clifford Solicitor for the Applicant: Alan Rumsley Counsel for the Respondents: MA MacLennan Solicitor for the Respondents: Lavan Legal
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
WAD 182 of 2010
BETWEEN: NICK CHRISTOU
ApplicantAND: STANTONS INTERNATIONAL PTY LTD ACN 103 088 697
First RespondentSTANTONS INTERNATIONAL SERVICES PTY LTD
ACN 109 717 071
Second RespondentKEITH GRAEME LINGARD
Third RespondentNEIL KEVIN JOYCE
Fourth Respondent
JUDGE:
MCKERRACHER J
DATE OF ORDER:
22 OCTOBER 2010
WHERE MADE:
PERTH
THE COURT ORDERS THAT:
1.Footnotes 1-8, paragraphs 27-28, 41 and 51-54 of the statement of claim be struck out.
2.The applicant do have leave to re-plead the statement of claim. Any amended statement of claim be filed and served within 21 days.
3.The applicant do pay the respondents’ costs of the motion to be taxed if not agreed.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
WAD 182 of 2010
BETWEEN: NICK CHRISTOU
ApplicantAND: STANTONS INTERNATIONAL PTY LTD ACN 103 088 697
First RespondentSTANTONS INTERNATIONAL SERVICES PTY LTD
ACN 109 717 071
Second RespondentKEITH GRAEME LINGARD
Third RespondentNEIL KEVIN JOYCE
Fourth Respondent
JUDGE:
MCKERRACHER J
DATE:
22 OCTOBER 2010
PLACE:
PERTH
REASONS FOR JUDGMENT
INTRODUCTION
The respondents move to strike out parts of the statement of claim filed and served by the applicant (Mr Christou). The strike out motion is made pursuant to O 11 r 16 of the Federal Court Rules (FCR) which provides as follows:
16 Embarrassment etc
Where a pleading:
(a)discloses no reasonable cause…
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- Case
- [2010] FCA 1150
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the parts of the statement of claim identified by Stantons International Pty Ltd should be struck out because they did not sufficiently connect the alleged conduct to the loss, and whether these sections contained non-material facts that were not relevant to the proceedings. The court had to balance the need for a clear and concise statement of claim against the principle that courts should not intervene lightly in a party's right to present their case.
The court found that the parts of the statement of claim identified for striking out indeed lacked the necessary links between the conduct and the loss, and contained extraneous details that did not contribute to the merits of the case. The court concluded that these sections were not material to the proceedings and should be removed to streamline the case and avoid unnecessary delay and cost. The court granted the application to strike out specific footnotes, paragraphs, and sections of the statement of claim. It also allowed the applicant leave to re-plead the statement of claim within a specified timeframe and ordered the applicant to pay the respondent’s costs of the motion if not agreed upon.
In summary, the court's decision involved striking out certain parts of the statement of claim, allowing the applicant to re-plead, and ordering costs to be paid to the respondent.
Orders
Orders of the court
1. Footnotes 1-8, paragraphs 27-28, 41 and 51-54 of the statement of claim be struck out.
2. The applicant do have leave to re-plead the statement of claim. Any amended statement of claim be filed and served within 21 days.
3. The applicant do pay the respondents’ costs of the motion to be taxed if not agreed.
Note:
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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