Inglis, Kathleen Isobel v Moore, Andrew Leslie [1979] FCA 43

Inglis, Kathleen Isobel v Moore, Andrew Leslie [1979] FCA 43

The appeal was dismissed because the proposed amended pleading was unintelligible, lacked required particularity, and would be oppressive to require defendants to plead to it. Furthermore, the claims for declarations that certain conduct constituted crimes fell outside the accepted ambit of declaratory relief and would be abusive of process. The joining of additional defendants was not warranted where the pleading did not disclose a proper cause of action or ground for relief against them.

Jurisdiction
Australia
Judgment Date
10 May 1979
Procedural Posture
Appeal / On Appeal From a Single Judge of the Supreme Court of the Australian Capital Territory
Outcome
Appeal dismissed
Legal Topics
['pleading' 'declaratory Relief' 'particularity of Pleadings' 'abuse of Process']
['civil Procedure'] ['pleading' 'declaratory Relief' 'particularity of Pleadings' 'abuse of Process']

Case Brief

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Procedural Posture

Appeal / On Appeal From a Single Judge of the Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 ['Whether the proposed amended statement of claim and joinder of additional parties should be permitted' 'Whether the claims for declarations that crimes were committed are within the ambit of declaratory relief and/or an abuse of process' 'Whether the pleadings as drafted met the necessary requirements of particularity and intelligibility']

Ratio Decidendi

The appeal was dismissed because the proposed amended pleading was unintelligible, lacked required particularity, and would be oppressive to require defendants to plead to it. Furthermore, the claims for declarations that certain conduct constituted crimes fell outside the accepted ambit of declaratory relief and would be abusive of process. The joining of additional defendants was not warranted where the pleading did not disclose a proper cause of action or ground for relief against them.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' 'The appellant pay to the respondents their costs of the appeal to be taxed.']