Catchwords:

PRACTICE AND PROCEDURE — appeal with leave from decision of a single judge of the Federal Court of Australia dismissing an application to strike out certain paragraphs in the respondent’s statement of claim pursuant to r 16.21(1)(e) of the Federal Court Rules 2011 (Cth) as not disclosing a reasonable cause of action — where respondent alleges non-disclosure of information to the Fair Work Commission as a basis for setting aside the Fair Work Commission’s approval of an enterprise agreement — where it is alleged the appellant failed to disclose information to the Fair Work Commission when applying for approval of an enterprise agreement — where the appellant contends the pleaded case does not establish a cause of action in that it fails to plead fraud with the required integer of dishonesty or at least recklessness or wilful blindness — where the appellant accepted for the purposes of the strike out application, that it is arguable that a duty to disclose arose — whether there may be “fraud” sufficient to vitiate an administrative decision under Australian law without pleading dishonesty — where primary judge did not err in finding that the respondent demonstrated a reasonable cause of action — appeal dismissed