Rossetto v Meriton Apartments Pty Ltd

The case of Rossetto v Meriton Apartments Pty Ltd was heard by the court where Mr Rossetto brought a claim against Meriton Apartments Pty Ltd. The dispute centred around a collateral contract and a claim of contravention of section 52 of an unspecified Act, with Mr Rossetto alleging that Meriton's representations led him to suffer damages. The court was tasked with determining the validity of the causes of action as pleaded by Mr Rossetto and Bimbee.

The legal issues before the court involved the admissibility of the collateral contract claim and the contravention of section 52 of the Act. The court had to assess whether the pleadings disclosed any reasonable cause of action and whether the further amended statement of claim was sufficient. Additionally, the court needed to consider if section 31A of the Act applied to Bimbee's cause of action.

The court found that both the collateral contract and the section 52 contravention causes of action were not viable as pleaded. The court was satisfied that the stringent test for striking out pleadings had been met, thus eliminating the need to consider section 31A. Despite these findings, the court acknowledged that Meriton had not proven that the pleadings related to Mr Rossetto disclosed no reasonable cause of action, and Mr Rossetto was entitled to seek damages. However, the further amended statement of claim was struck out under O 11 r 16 of the Rules due to insufficient particulars and evidence of damages. The court scheduled a future hearing to discuss potential repleading, costs, and further directions.

The court ordered that the further amended statement of claim be struck out and set the matter for a future hearing to discuss applications to replead, costs, and further directions. The date set for this hearing was 17 October 2006 at 9:30 am.