Jasmin Solar Pty Ltd v Trina Solar Australia Pty Ltd

The dispute between Jasmin Solar Pty Ltd and Trina Solar Australia Pty Ltd involved claims relating to alleged misleading or deceptive conduct and breach of contract in connection with the supply of solar panels. The matter was heard in the Federal Court of Australia. The primary legal issues centered around the adequacy of the pleadings in the amended statement of claim, specifically whether certain paragraphs were too vague or imprecise to be actionable, and whether the causation of damages from the alleged misleading conduct was adequately pleaded. The court also addressed the question of security for costs, determining the appropriate quantum and the appropriate party to depose to the expected costs.

The court examined the requirements for striking out a pleading under rule 16.21 of the Federal Court Rules 2011. It noted that such a power should only be exercised in clear cases where the claim is obviously devoid of merit. The court found that the respondents had not met the stringent requirements for striking out the impugned paragraphs of the amended statement of claim. While some paragraphs required amendment, none were so deficient as to warrant being struck out. The court also considered the respondents' submissions regarding the alleged representations made by Trina Solar Australia Pty Ltd and Trina Solar (US) Inc. It concluded that the existence of these representations was more than arguable on the material before the court and could not be decisively determined on the application to strike out.

The court decided to extend the time for filing the amended statement of claim to 8 June 2020 and granted Jasmin Solar leave to amend its statement of claim. The interlocutory application to strike out was dismissed, and the parties were to be heard on the question of costs. Regarding security for costs, the court ordered Jasmin Solar to pay $300,000 into court as security for the respondents' costs until the trial of the action, with the parties to be heard on the question of costs for the security application.