Murphy v The Walt Disney Company (Australia) Pty Limited [2013] NSWLC 13

Murphy v The Walt Disney Company (Australia) Pty Limited [2013] NSWLC 13

The proceedings were manifestly groundless and disclosed no reasonable cause of action against the defendant; accordingly, the proceedings were dismissed under UCPR 13.4. In the alternative, the Statement of Claim was struck out for failing to disclose a reasonable cause of action. No indemnity costs were awarded in the absence of evidence of deliberate delay, falsehood or other aggravating features.

Parties
Plaintiff/respondent: David Gregory Murphy; Defendant/applicant: The Walt Disney Company (Australia) Pty Limited
Jurisdiction
Australia
Judgment Date
25 September 2013
Procedural Posture
Civil / Interlocutory Application for Summary Dismissal/striking Out
Outcome
Proceedings summarily dismissed; Plaintiff to pay Defendant's costs on the ordinary basis.
Legal Topics
Summary Dismissal, Striking Out Statement of Claim, Costs
Practice and Procedure Civil Procedure Summary Dismissal Striking Out Statement of Claim Costs

Case Brief

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Parties

David Gregory Murphy

Plaintiff/respondent

The Walt Disney Company (Australia) Pty Limited

Defendant/applicant

Procedural Posture

Civil / Interlocutory Application for Summary Dismissal/striking Out

Legal Issues

  1. 1 Whether proceedings should be summarily dismissed for disclosing no reasonable cause of action under UCPR 13.4
  2. 2 Whether Statement of Claim should be struck out for failing to disclose a reasonable cause of action under UCPR 14.28
  3. 3 Whether indemnity costs should be awarded against the plaintiff

Ratio Decidendi

The proceedings were manifestly groundless and disclosed no reasonable cause of action against the defendant; accordingly, the proceedings were dismissed under UCPR 13.4. In the alternative, the Statement of Claim was struck out for failing to disclose a reasonable cause of action. No indemnity costs were awarded in the absence of evidence of deliberate delay, falsehood or other aggravating features.

Court Disposition

Proceedings summarily dismissed; Plaintiff to pay Defendant's costs on the ordinary basis.

Orders

  • Proceedings summarily dismissed: UCPR 13.4.
  • In the alternative, the Statement of Claim is struck out.