Giffin v Sensis Pty Ltd

In the matter of Giffin v Sensis Pty Ltd, the plaintiff, Giffin, brought proceedings against the defendants, Sensis Pty Ltd and Telstra, alleging breaches of contract and other related claims. The defendants sought to have the plaintiff's statement of claim struck out, arguing that it was deficient and prejudicial to their fair trial rights. The court was required to determine whether the statement of claim disclosed a reasonable cause of action and whether it had a tendency to prejudice or delay the fair trial of a proceeding. Additionally, the defendants argued that the claim was statute-barred, and the court had to consider whether the expiration of the limitation period was a relevant consideration in a set aside or striking out application.

The court found that the statement of claim was incomplete and lacked particularity, which led to several issues. The statement of claim contained blank spaces where material facts should have been inserted, and certain allegations were made against "the Defendant" without specifying which defendant was the subject of the allegation. The court also noted that the statement of claim did not identify any breach of duty against Telstra, despite alleging that Telstra did not provide advertising services. The court held that the statement of claim provided a skeleton for pleading the causes of action but failed to disclose the relevant cause of action against Telstra or the allegations in such a way that they had a tendency to prejudice or delay a fair trial.

The court struck out the whole of the statement of claim filed on 14 February 2020 and granted the plaintiff leave to replead. The court also ordered that the plaintiff pay the costs of the second defendant of the application. This decision highlights the importance of ensuring that a statement of claim is complete, particular, and discloses a reasonable cause of action to avoid having it struck out.