Dart v Norwich Union Life Australia Ltd [2001] FCA 1227

Dart v Norwich Union Life Australia Ltd [2001] FCA 1227

The facts pleaded, including payment of rent from the Mystic Crystals account, the accompanying letter, subsequent payments, and the respondents' silence, were incapable of supporting the conclusion that the three applicants became the legal tenants of Shop 28 Willows Shoppingtown from 13 March 1995. Apart from that untenable contention, the statement of claim repeated defects previously identified: it did not genuinely distinguish and particularise the claims and causes of action of individual applicants, identify the specific respondents against whom causes of action lay, plead the bases of those causes of action, or specify the damage claimed by each applicant. Given the repeated...

Jurisdiction
Australia
Judgment Date
04 September 2001
Procedural Posture
Practice and Procedure Application to Strike Out and Dismiss Proceedings / Notices of Motion by the Respondents Seeking to Set Aside Originating Process, Strike Out the Statement of Claim, or Stay And/or Dismiss the Proceedings
Outcome
Statement of claim struck out and proceedings dismissed with costs.
Legal Topics
['strike Out Application' 'no Reasonable Cause of Action' 'frivolous or Vexatious Proceedings' 'summary Dismissal' 'unrepresented Litigants' 'lease Assignment Allegations']
['practice and Procedure' 'civil Procedure' 'pleadings' 'abuse of Process'] ['strike Out Application' 'no Reasonable Cause of Action' 'frivolous or Vexatious Proceedings' 'summary Dismissal' 'unrepresented Litigants' 'lease Assignment Allegations']

Case Brief

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Procedural Posture

Practice and Procedure Application to Strike Out and Dismiss Proceedings / Notices of Motion by the Respondents Seeking to Set Aside Originating Process, Strike Out the Statement of Claim, or Stay And/or Dismiss the Proceedings

Legal Issues

  1. 1 ['Whether the statement of claim filed 9 October 2000 disclosed any reasonable cause of action against the respondents.' 'Whether the proceedings were frivolous and/or vexatious or constituted an abuse of process.' "Whether the pleaded facts were capable of supporting the applicants' contention that they became legal tenants of Shop 28 Willows Shoppingtown from 13 March 1995." 'Whether, after repeated opportunities to replead, the applicants should be given any further opportunity or the proceedings should be dismissed.']

Ratio Decidendi

The facts pleaded, including payment of rent from the Mystic Crystals account, the accompanying letter, subsequent payments, and the respondents' silence, were incapable of supporting the conclusion that the three applicants became the legal tenants of Shop 28 Willows Shoppingtown from 13 March 1995. Apart from that untenable contention, the statement of claim repeated defects previously identified: it did not genuinely distinguish and particularise the claims and causes of action of individual applicants, identify the specific respondents against whom causes of action lay, plead the bases of those causes of action, or specify the damage claimed by each applicant. Given the repeated...

Court Disposition

Statement of claim struck out and proceedings dismissed with costs.

Orders

  • ['On the motions filed on behalf of the first and second respondents, the third respondent, and the fourth respondent, the statement of claim filed 9 October 2000 be struck out.' 'The proceedings Q 67 of 2000 be dismissed.' "The applicants pay the respondents' costs of their respective motions, to be taxed if not...