Mineral Resources Limited v Langford

FEDERAL COURT OF AUSTRALIA

Mineral Resources Limited v Langford [2018] FCA 1532

File number:

WAD 635 of 2017

Judge:

BARKER J

Date of judgment:

11 October 2018

Catchwords:

PRACTICE AND PROCEDURE – interlocutory application for further and better particulars of defence – where parties agreed application should be determined on the papers

Legislation:

Australian Consumer Law (Sch 2 of the Competition and Consumer Act 2010 (Cth))

Corporations Act 2001 (Cth)

Date of hearing:

Determined on the papers

Date of last submissions:

18 September 2018

Registry:

Western Australia

Division:

General Division

National Practice Area:

Commercial and Corporations

Sub-area:

Regulator and Consumer Protection

Category:

Catchwords

Number of paragraphs:

22

Solicitor for the Applicant:

Bennett + Co

Solicitor for the Respondent:

HWL Ebsworth Lawyers

ORDERS

WAD 635 of 2017

BETWEEN:

MINERAL RESOURCES LIMITED (ACN 118 549 910)

Applicant

AND:

MICHAEL LANGFORD

Respondent

JUDGE:	BARKER J
DATE OF ORDER:	11 OCTOBER 2018

THE COURT ORDERS THAT:

1.The respondent provide within 21 days further and better particulars of [21.2] of the defence as requested in the applicant’s notice for further and better particulars dated 15 May 2018.

2.There be no order as to costs on the interlocutory application dated 15 May 2018.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

BARKER J:

1. This judgment deals with the applicant’s application for further and better particulars of [21.2] and [23.2] of the respondent’s defence.  The parties agreed that I should determine the application on the papers.

2. In support of its application, the applicant filed two affidavits of Alastair Thomas Forward made 15 May 2018 and 8 August 2018.

   THE CLAIMS AND RELEVANT PLEADINGS

3. In the proceeding, the applicant claims:

   ·A declaration that the respondent engaged in misleading or deceptive conduct, or conduct likely to mislead or deceive in contravention of the Australian Consumer Law (ACL) being Sch 2 of the Competition and Consumer Act 2010 (Cth), and the Corporations Act 2001 (Cth).

   ·Orders and injunctions pursuant to the ACL that the respondent forthwith be restrained from making the representations concerning the applicant of the kind made by a publication via the internet on 30 November 2017 and 6 December 2017, of and concerning any part of the applicant’s lithium operation at Wodgina; and publish a retraction as well as remove or delete publications within his control from the internet.

4. By its statement of claim, so far as the misleading or deceptive conduct claim is concerned, the applicant pleads as follows:

   The Parties

   1        The Applicant (MRL) is and at all material times has been:

   1.1a company duly incorporated under the Corporations Act 2001 (Cth);

   1.2entitled to sue in its own name;

   1.3carrying on the businesses (inter alia) of mining and exporting for sale lithium ore;

   1.4a company whose securities are listed for quotation on the Australian Securities Exchange (ASX) under the ASX code ‘MIN’ and therefore a disclosing entity pursuant to the Corporations Act 2001 (Cth).

   2        The Respondent…