For the tort of conspiracy to injure by unlawful means, the intention to injure need not be the predominant motive and may be mixed with other purposes such as the pursuit of commercial gain; the requisite intent is established if the unlawful conduct was at least in part 'aimed or directed at the plaintiff'. A plaintiff alleging conspiracy through unlawful competition in a regulated market may plead intention to injure by alleging that the defendants intended to unlawfully compete in an otherwise exclusive market, knowing that such competition would necessarily cause loss to the plaintiff and group members. The concept of 'claims' in s 33C(1) of the Supreme Court Act 1986 (Vic) is broad and not limited to the material facts constituting the cause of action; claims across multiple states may satisfy the threshold requirements where they share a common factual substratum and give rise to common questions of fact or mixed fact and law. Rule 7.02(a) of the Supreme Court (General Civil Procedure) Rules 2015 (Vic), permitting service out of Australia for tort claims, is validly authorised by s 25(1)(a) of the Supreme Court Act 1986 (Vic) and is within the legislative power of the Victorian Parliament where the court has jurisdiction under cross-vesting legislation.
The full text is available to signed-in members, including the 78 later cases that cite this judgment.
12 of the 78 citing cases carry a classified treatment. How each court treated it is available to signed-in members.