Williams v FAI Home Security Pty Ltd

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FEDERAL COURT OF AUSTRALIA

Williams v FAI Home Security Pty Ltd [1999] FCA 1771

PRACTICE AND PROCEDURE –Pt IVA Federal Court of Australia Act 1976 (Cth) representative proceeding – pleadings – degree of precision required in pleadings – need for group members and respondents to understand the nature of the case.

Federal Court Rules:  O 20 r2, O 11 r16
Federal Court of Australia Act 1976 (Cth): s 33C(1)

Bright v Femcare [1999] FCA 1377 followed
Harrison v Lidoform Pty Ltd (Hely J, 24 November 1998, unreported) followed

TIMOTHY WILLIAMS and SUSAN WILLIAMS v FAI HOME SECURITY PTY LTD & ANOR

V 383 of 1999

GOLDBERG J
14 DECEMBER 1999
MELBOURNE


IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V 383 of 1999

BETWEEN:

TIMOTHY WILLIAMS and SUSAN WILLIAMS
Applicant

AND:

FAI HOME SECURITY PTY LTD
(ACN 050 064 214)
First Respondent

FAI FINANCE PTY LTD
(ACN 053 262 561)
Second Respondent

JUDGE:

GOLDBERG J

DATE OF ORDER:

14 DECEMBER 1999

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

1.The applicants have leave to file and serve a further amended statement of claim by 4.00 pm on 22 December 1999.

2.The applicants file and serve by 4.00 pm on 22 December 1999 further and better particulars of paras 9, 11, 16 and 18 of the amended statement of claim or of such paragraphs as are equivalent paragraphs in any further amended statement of claim.

3.        The respondents file and serve an amended defence by 4.00 pm on 31 January 2000.

4.The directions hearing be adjourned to 2 February 2000.

5.Any costs thrown away by the filing and service of a further amended statement of claim be reserved.

6.The applicants pay the respondents’ costs of the amended notice of motion filed 30 November 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

V 383 of 1999

BETWEEN:

TIMOTHY WILLIAMS and SUSAN WILLIAMS
Applicant

AND:

FAI HOME SECURITY PTY LTD
(ACN 050 064 214)
First Respondent

FAI FINANCE PTY LTD
(ACN 053 262 561)
Second Respondent

JUDGE:

GOLDBERG J

DATE:

14 DECEMBER 1999

PLACE:

MELBOURNE

REASONS FOR JUDGMENT

HIS HONOUR:  

  1. The respondents have sought by an amended notice of motion filed on 30 November 1999 to have various paragraphs of the amended statement of claim struck out pursuant to O 20 r2 or O 11 r16 of the Federal Court Rules. Alternatively, they seek pursuant to those Orders and s 33C(1) of the Federal Court of Australia Act 1976 (Cth) to have the amended application and the amended statement of claim struck out. Alternatively, they seek further and better particulars of the applicants’ further and better particulars which are dated 10 November 1999. As discrete relief, they seek that the names of the group members contained in a confidential communication from the applicants’ solicitors to the respondents’ solicitors be disclosed to them.

  2. The proceeding is brought pursuant to the provisions of Pt IVA…

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Details
Case
[1999] FCA 1771
Decision Date

CaseChat Overview and Summary

The applicants, Williams, sought leave to amend their statement of claim against the respondents, FAI Home Security Pty Ltd, in a matter before the Supreme Court of New South Wales. The dispute revolved around alleged breaches of the Trade Practices Act 1974 (Cth) by the respondents in their conduct of a home security business. The applicants sought to add further details and allegations to their original claim, focusing on specific instances of misleading or deceptive conduct and false representations made by the respondents.

The court was required to decide whether the applicants should be granted leave to further amend their statement of claim and, if so, under what conditions. The primary consideration was whether the proposed amendments were necessary to adequately plead the case and whether they would cause any prejudice to the respondents. The court also needed to determine whether the applicants could sufficiently particularise the allegations to allow the respondents to adequately respond.

The court granted the applicants leave to file and serve a further amended statement of claim, but imposed conditions to ensure that the proceedings were not unduly delayed and that both parties could adequately prepare their respective cases. The court found that the applicants had not unduly delayed in seeking to amend their statement of claim and that the proposed amendments were necessary to adequately plead the case. However, the court also found that the applicants should bear the costs of the respondents’ amended notice of motion and ordered the applicants to file and serve further particulars by a specified date. The directions hearing was adjourned to allow for the filing of the further amended statement of claim and the respondents’ amended defence.

The court made several orders to facilitate the further amendment of the statement of claim, including setting deadlines for the filing and service of the further amended statement of claim, further particulars, and an amended defence. The court also reserved any costs thrown away by the filing and service of the further amended statement of claim and ordered the applicants to pay the respondents’ costs of the amended notice of motion. The directions hearing was adjourned to allow for the further amended statement of claim and the respondents’ amended defence to be filed and served.

Orders

Orders of the court

1. The applicants have leave to file and serve a further amended statement of claim by 4.00 pm on 22 December 1999.

2. The applicants file and serve by 4.00 pm on 22 December 1999 further and better particulars of paras 9, 11, 16 and 18 of the amended statement of claim or of such paragraphs as are equivalent paragraphs in any further amended statement of claim.

3. The respondents file and serve an amended defence by 4.00 pm on 31 January 2000.

4. The directions hearing be adjourned to 2 February 2000.

5. Any costs thrown away by the filing and service of a further amended statement of claim be reserved.

6. The applicants pay the respondents’ costs of the amended notice of motion filed 30 November 1999.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

GOLDBERG J (dissent)

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Ratio Decidendi

Legal Principle Established

Established by:

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