FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Manivannan v Tata Consultancy Services Limited [2023] FedCFamC2G 904
File number(s): SYG 1205 of 2022 Judgment of: JUDGE CAMERON Date of judgment: 12 October 2023 Catchwords: PRACTICE & PROCEDURE – Pleadings – application for summary dismissal – alternative application to strike out – relevant considerations. Legislation: Fair Work Act 2009 (Cth) ss 144, 145, 203, 204, 340, 341, 343, 344, 345, 351, 355, 536CA, 536D, 557A
Crimes Act 1900 (NSW)
Work Health and Safety Act 2011 (NSW)
Privacy Act 1988 (Cth)
Taxation Administration Act 1996 (NSW)
Federal Circuit and Family Court of Australia Act 2021 (Cth) s 143
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) rr 13.13, 14.10, sch 1 item 14
Federal Court Rules 2011 (Cth) r 16.21
Cases cited: Imobilari Pty Ltd v Opes Prime Stockbroking Ltd (2008) 252 ALR 41
Australian Securities and Investments Commission v Cassimatis (2013) 220 FCR 256
Division: Fair Work Number of paragraphs: 45 Date of hearing: 23 February 2023 Place: Sydney For the Applicant: The Applicant appeared in person by teleconference Counsel for the Respondent: Ms R. Kumar Solicitor for the Respondent: Herbert Smith Freehills ORDERS
SYG 1205 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: RAJESH MANIVANNAN
Applicant
AND: TATA CONSULTANCY SERVICES LIMITED (ABN 28109981777)
Respondent
ORDER MADE BY:
JUDGE CAMERON
DATE OF ORDER:
12 OCTOBER 2023
THE COURT ORDERS THAT:
1.Paragraphs 11, 27 and 28(a), (b), (e), (f) and (g) of the statement of claim filed on 20 September 2022 be struck out.
2.The applicant provide to the respondent copies of all documents referred to in the remainder of the statement of claim filed on 20 September 2022.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
REASONS FOR JUDGMENT
JUDGE CAMERON
INTRODUCTION
In this proceeding, the applicant, Mr Manivannan filed an originating application on 10 August 2022. An accompanying statement of claim was prolix and on 9 September 2022 Mr Manivannan was given leave to file a shorter points of claim. On 20 September 2022 he filed a second statement of claim (SOC). The SOC variously alleged against the respondent, Tata Consultancy Services Limited (TCS), breach of contract, negligence and breaches of ss.340(1)(a); 341(1); 343(1)(a), (b); 344(c), (e); 345(1)(a), (b); 351(1); 355(a), (c), (d); 557A(1)(a), (b) and (2)(a), (b) of the Fair Work Act 2009 (Cth) (FW Act). Contraventions of the Crimes Act 1900 (NSW), Work Health and Safety…
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- Case
- [2023] FedCFamC2G 904
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to address included the adequacy of the plaintiff's pleadings under the rules of court and the appropriate remedy in cases where the pleadings were found to be deficient. The court considered whether the plaintiff's claims were vague, ambiguous, and unintelligible, rendering them incapable of being sensibly admitted or traversed. The court also had to assess whether the plaintiff could reasonably be expected to be able to replead the defective portions of his statement of claim in a manner that would comply with the relevant rules.
In its reasoning, the court found that while the plaintiff had been given multiple opportunities to clarify and amend his claims, significant portions of his statement of claim remained unclear and confusing. The court determined that the plaintiff's claims were not sufficiently precise to allow TCS to properly respond to them. Consequently, the court decided to strike out certain parts of the statement of claim that were identified as vague or unintelligible. However, the court did not summarily dismiss the entire case, as it was not convinced that it would be impossible for the plaintiff to amend his pleadings to meet the required standard. Instead, the court directed the plaintiff to provide copies of all documents referred to in the remainder of the statement of claim to TCS.
In summary, the court struck out specific paragraphs of the plaintiff's statement of claim due to their lack of clarity and directed the plaintiff to provide relevant documents to the defendant. The court did not dismiss the case outright but left the door open for the plaintiff to amend his pleadings, provided they met the necessary standards of clarity and specificity.
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