Christou v Stantons International Pty Ltd (No 3)

The matter of Christou v Stantons International Pty Ltd (No 3) involved a dispute between the parties over alleged statutory breaches between 2004 and 2008, contrary to rights established under agreements in effect from 1998. Mr. Christou's claim was not for fraud but for statutory breaches, and he expressly denied asserting a cause of action in fraud. The court was required to decide whether the re-amended statement of claim adequately pleaded the statutory breaches and whether it was sufficiently clear to inform Stantons of the case they had to meet.

The court found that the re-amended statement of claim was confusing and uncertain, and therefore it was struck out in its entirety. However, leave was granted to re-plead, with the expectation that the new statement of claim would be more straightforward and clearly inform Stantons of the case they had to meet. The court considered that the factual matters Mr. Christou sought to plead were reasonably complex, but the current statement of claim was not adequately clear. The court emphasised that the interests of justice required a limited further opportunity to recast the pleading and that the resources of the court and the interests of the parties could not be consumed in endless pleadings disputes.

The court made the following orders: 1) The re-amended statement of claim filed 8 March 2011 be struck out. 2) The applicant has leave to file and serve within one month a further re-amended statement of claim. 3) The applicant pays the costs of the respondents of this motion to be taxed or agreed. The court did not propose ordering the payment of taxed costs forthwith but did not rule out that possibility if the confused nature of the pleading was replicated.