The cautious approach from Spencer v The Commonwealth concerning summary termination of proceedings does not apply to applications to strike out deficient pleadings under r 171(1)(b)-(e) UCPR; it applies only to r 171(1)(a) applications based on no reasonable cause of action. A claim for misleading and deceptive conduct must plead the material facts that give the representations their misleading and deceptive character, and this deficiency cannot be remedied by particulars. A pleading of an express term not found in a written agreement discloses no reasonable cause of action where the parties plead the only agreement was in writing.
The full text is available to signed-in members, including the 32 later cases that cite this judgment.
5 of the 32 citing cases carry a classified treatment. How each court treated it is available to signed-in members.