FOWLER v STATE OF NEW SOUTH WALES AND ANOR [1994] NSWCA 98

FOWLER v STATE OF NEW SOUTH WALES AND ANOR [1994] NSWCA 98

Leave to appeal was refused because the statement of claim was embarrassing and did not disclose a cause of action; the plaintiff may re-plead in proper form.

Parties
Claimant: Fowler; Opponent: State of New South Wales; Opponent: Barristers' and Solicitors' Admission Board
Jurisdiction
Australia
Judgment Date
03 February 1994
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision on Leave to Appeal
Outcome
Summons for leave to appeal dismissed with costs; leave to re-plead in proper form granted.
Legal Topics
Pleadings, Strike Out Application, Leave to Re Plead
Defamation Civil Procedure Pleadings Strike Out Application Leave to Re Plead

Case Brief

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Parties

Fowler

Claimant

State of New South Wales

Opponent

Barristers' and Solicitors' Admission Board

Opponent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision on Leave to Appeal

Legal Issues

  1. 1 Whether the primary judge erred in striking out the statement of claim for disclosing no cause of action in defamation
  2. 2 Whether there was sufficient cause to grant leave to appeal the strike-out order

Ratio Decidendi

Leave to appeal was refused because the statement of claim was embarrassing and did not disclose a cause of action; the plaintiff may re-plead in proper form.

Court Disposition

Summons for leave to appeal dismissed with costs; leave to re-plead in proper form granted.

Orders

  • Summons for leave to appeal dismissed.
  • Mr Fowler to pay opponents' costs.