Manolakis v Wesfarmers Ltd

[2008] FMCA 720

FEDERAL MAGISTRATES COURT OF AUSTRALIA

MANOLAKIS v WESFARMERS LTD [2008] FMCA 720

TRADE PRACTICES – Pleadings containing scandalous material – striking out pleading.

Trade Practices Act 1974 (Cth)

Applicant: ANASTASIOS MANOLAKIS

Respondent: WESFARMERS LIMITED TRADING AS KMART

File Number: ADC 10 of 2008

Judgment of: Simpson FM

Hearing date: 13 May 2008

Date of Last Submission: 13 May 2008

Delivered at: Adelaide

Delivered on: 13 May 2008

REPRESENTATION

Solicitors for the Applicant: The applicant appears in person

Counsel for the Respondent: Ms Schammer

Solicitors for the Respondent: Minter Ellison

ORDERS

1. The applicant’s statement of claim filed on 6 May 2008 be struck out.

2. The applicant file and serve an amended statement of claim by 10 June 2008.

3. Further consideration is adjourned to 14 July 2008 at 9:30 am for further directions.

4. The respondent be excused from filing a response to the applicant’s statement of claim until further order.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
ADELAIDE

ADG 10 of 2008

ANASTASIOS MANOLAKIS

Applicant

And

WESFARMERS LTD

Respondent

REASONS FOR JUDGMENT

(Revised from Transcript)

1. The statement of claim that was filed herein on 6 May 2008 is not a statement of claim that I can allow to remain on the Court file.  Further, it should not be a document that can be inspected by any member of the public.  It contains very offensive material.  It is inappropriate that a statement of claim contain such information.

2. I propose therefore to strike out the statement of claim on this basis.  Further, the statement of claim does not disclose a cause of action.  I propose to direct that this statement of claim be kept in a sealed envelope on the Court file, not to be opened by anybody other than myself or another judicial officer.

3. I propose to give the applicant the opportunity to file an amended statement of claim.

4. I will give the applicant until 10 June to file his amended statement of claim.  I will adjourn the matter to 14 July at 9:30 for further directions and will make a further order that the respondent be excused from filing a response to the statement of claim until further order.

5. I do not wish to put the respondent to unnecessary expense if it transpires that the applicant files an amended statement of claim that is not significantly different from the statement of claim that has been filed.  In such circumstances, it would not be appropriate that the respondent be put to the trouble of filing a defence.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Simpson FM

Associate:  Julie Davey

Date:  13 May 2008