PPK Willoughby Pty Ltd v Roads and Maritime Services

The plaintiff, PPK Willoughby Pty Ltd, brought an action against the defendant, Roads and Maritime Services, in the Supreme Court of New South Wales. The plaintiff sought to recover damages for losses allegedly incurred due to misleading and deceptive conduct by the defendant. The defendant sought to have the proceeding dismissed for want of prosecution and also moved to strike out the plaintiff's statement of claim on the basis that it was defective.

The court was required to determine whether the plaintiff's statement of claim disclosed a cause of action in misleading and deceptive conduct and whether the defendant was engaged in trade or commerce for the purposes of the claim. The court was also required to decide whether the plaintiff's statement of claim was defective to the extent that it should be struck out.

The court found that the plaintiff's statement of claim disclosed a cause of action in misleading and deceptive conduct and that the defendant was engaged in trade or commerce for the purposes of the claim. The court held that the plaintiff's statement of claim was not so defective as to warrant being struck out, and dismissed the defendant's application to strike out the statement of claim. The court also dismissed the defendant's application for the proceeding to be dismissed for want of prosecution.

The court ordered that the proceeding continue and that the defendant file a defence within 28 days of the date of the judgment. The court further ordered that the parties engage in mediation within 14 days of the filing of the defendant's defence.