Lean v Tumut River Orchard Management Ltd

The case of Lean v Tumut River Orchard Management Ltd involves the second respondent seeking various orders, including the striking out of the Statement of Claim filed by the applicant and the injunction sought on behalf of the applicant, or in the alternative, the dismissal of the proceedings and injunction. The second respondent also sought to transfer the proceedings to the Sydney Registry. The applicant, Lean, along with other group members, had entered into contractual arrangements with the first respondent for the purpose of investing in two schemes to produce and market peaches and nectarines in New South Wales and Queensland. The proceedings are brought as a representative action under Part IVA of the Federal Court of Australia Act 1976 (Cth).

The court was required to determine whether paragraph 88 of the Statement of Claim should be struck out, whether the applicant should have the right to re-plead, and whether the proceedings should be transferred to the New South Wales District Registry. The court also needed to decide on the issue of costs related to the motion.

The court held that paragraph 88 of the statement of claim should be struck out, but the applicant should have the right to re-plead his unconscionable conduct claims against the second respondent within 28 days. The court stood over the second respondent's motion for transfer of the proceedings to the New South Wales District Registry, with liberty to apply further at a later date. The court dismissed the motion otherwise and adjourned the matter of costs of the motion for oral argument at the next directions hearing. The court noted that written submissions on costs were not required.

ORDERS:
1. Paragraph 88 of the statement of claim be struck out, but the applicant have leave to re-plead his unconscionable conduct claims against the second respondent within 28 days.
2. The second respondent’s motion for transfer of the proceedings to the New South Wales District Registry be stood over, with liberty to apply further at a later date.
3. The motion otherwise be dismissed.
4. The matter of costs of the motion be adjourned for oral argument at the next directions hearing.