Legal Research
Cases
Pioneer Electronics Australia Pty Ltd v Edge Technology Pty Ltd

Pioneer Electronics Australia Pty Ltd v Edge Technology Pty Ltd

Link copied

Case Copied 24 February 1999 17 min read

Contents

On this page

FEDERAL COURT OF AUSTRALIA
Pioneer Electronics Australia Pty Ltd v Edge Technology Pty Ltd [1999] FCA 142
PRACTICE AND PROCEDURE – pleadings – whether cross-claim should be struck out pursuant to O11 r 16 – particulars – whether particulars adequate.
Trade Practices Act 1994 (Cth) s 51A, s 52
Banque Commerciale SA en liquidation v Akhil Holdings Ltd (1990) 169 CLR 279 referred
Harris v Cigna Insurance Australia Ltd (1995) ATPR 41-445 referred
Council for the City of the Gold Coast v Pioneer Concrete (Qld) Pty Ltd (1998) 157 ALR 135 referred
Pappas v Soulac Pty Ltd (1983) 50 ALR 231 referred
Liberty USA Pty Ltd v Telstra Corporation Limited & Anor (unreported, Branson J, 24 August 1994) referred
Western Australia v Bond Corporation Holdings Ltd (1990) 99 ALR 125 referred
Hunt Contracting Co. Pty Ltd v Roebuck Resources NL (1992) 110 ALR 183 referred
Bond Corporation Pty Ltd v Thiess Contractors Pty Ltd (1987) 71 ALR 615 referred
Adelaide Petroleum NL v Poseidon Limited (1988) ATPR 40-901 referred
Gates v City Mutual Life Assurance Society Ltd (1986) 160 CLR 1 referred
PIONEER ELECTRONICS AUSTRALIA PTY LTD (ACN 005 017 087)
v EDGE TECHNOLOGY PTY LTD (ACN 003 761 144)
VG 173 of 1998
KENNY J
MELBOURNE
24 FEBRUARY 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

VG 173 OF 1998

BETWEEN:

PIONEER ELECTRONICS AUSTRALIA PTY LTD
(ACN 005 017 087)
Applicant

AND:

EDGE TECHNOLOGIES PTY LTD (ACN 003 761 144)
Respondent

JUDGE:

KENNY J

DATE OF ORDER:

14 DECEMBER 1998

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:
1.   The notice of motion dated 1 December 1998 be dismissed.
2.   Paragraphs 2, 4 and 6 of the cross-claim dated 29 May 1998 be struck out.
3.   The respondent be at liberty to re-plead the cross-claim as it may be advised.
4.   Any notice of motion contesting any re-pleaded cross-claim be marked returnable at 9.30 am on 15 March 1999.
5.   Costs be reserved until the next directions hearing.
6.   There be a further directions hearing at 9.30 am on 15 March 1999.
Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

VG 173 OF 1998

BETWEEN:

PIONEER ELECTRONICS AUSTRALIA PTY LTD
(ACN 005 017 087)
Applicant

AND:

EDGE TECHNOLOGY PTY LTD (ACN 003 761 144)
Respondent

JUDGE:

KENNY J

DATE:

24 FEBRUARY 1999

PLACE:

MELBOURNE

REASONS FOR JUDGMENT

This proceeding was begun by Pioneer Electronics Australia Pty Ltd (“Pioneer”) by application and statement of claim dated 24 April 1998. Pioneer’s claim against Edge Technology Pty Ltd (“Edge”) is for damages for breach of contract and for misleading and deceptive conduct contrary to s 52 of the Trade Practices Act 1994 (Cth). The claim arises out of contracts for the supply by Pioneer to Edge of “DR – 511” drives which, so Pioneer says, were to be sold by Edge only in PCs and Multi-Media Kits. The claim also arises…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Pioneer Electronics Australia Pty Ltd v Edge Technology Pty... and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [1999] FCA 142
Decision Date: 24 February 1999

CaseChat Overview and Summary

Pioneer Electronics Australia Pty Ltd brought proceedings against Edge Technology Pty Ltd in the Federal Court of Australia. The dispute concerns a licensing agreement between the parties, which is alleged to have been breached by Edge Technology. In response, Edge Technology filed a cross-claim against Pioneer. The court was tasked with deciding whether the cross-claim should be struck out as disclosing no reasonable cause of action.

The legal issues before the court were whether Edge Technology's cross-claim disclosed a reasonable cause of action and whether it complied with the rules of court. The court considered whether the cross-claim was sufficient on its face to allow Pioneer to respond adequately and whether it was in the interests of justice for the cross-claim to be struck out. In delivering the judgment, the court found that the cross-claim did not disclose a reasonable cause of action and was not in compliance with the rules of court. The court held that the cross-claim was vague and uncertain and failed to provide adequate particulars. The court also held that striking out the cross-claim was in the interests of justice.

Accordingly, the court dismissed the notice of motion, struck out paragraphs 2, 4, and 6 of the cross-claim, and ordered that Edge Technology be at liberty to re-plead the cross-claim. The court further ordered that any notice of motion contesting the re-pleaded cross-claim be marked returnable on 15 March 1999. Costs were reserved until the next directions hearing, and a further directions hearing was set for 15 March 1999.

Orders

Orders of the court

1. The notice of motion dated 1 December 1998 be dismissed.

2. Paragraphs 2, 4 and 6 of the cross-claim dated 29 May 1998 be struck out.

3. The respondent be at liberty to re-plead the cross-claim as it may be advised.

4. Any notice of motion contesting any re-pleaded cross-claim be marked returnable at 9.30 am on 15 March 1999.

5. Costs be reserved until the next directions hearing.

6. There be a further directions hearing at 9.30 am on 15 March 1999.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VG 173 OF 1998

BETWEEN:	PIONEER ELECTRONICS AUSTRALIA PTY LTD (ACN 005 017 087) Applicant
AND:	EDGE TECHNOLOGIES PTY LTD (ACN 003 761 144) Respondent
JUDGE:	KENNY J
DATE OF ORDER:	14 DECEMBER 1998
WHERE MADE:	MELBOURNE

JUDGE:	KENNY J
DATE:	24 FEBRUARY 1999
PLACE:	MELBOURNE