STUDER v BOETTCHER [1993] NSWCA 258

STUDER v BOETTCHER [1993] NSWCA 258

There was no error in the orders made by Waddell CJ in Eq and Young J striking out the claims, as the amended pleadings disclosed no sufficient cause of action, and hence no ground for leave to appeal was made out.

Parties
Claimant: URJ Studer; 1st Opponent: Boettcher; 2nd Opponent: Ms Konig
Jurisdiction
Australia
Judgment Date
22 February 1993
Procedural Posture
Summons for Leave to Appeal and Motion for Extension of Time/protection of Property / Appellate (leave to Appeal From Orders of Equity Division, Supreme Court of Nsw)
Outcome
Summons for leave to appeal dismissed with costs; motion dismissed as unnecessary to determine.
Legal Topics
Unjust Contracts, Pleading, Leave to Appeal, Self Represented Litigants, Contracts Review Act
Contracts Civil Procedure Unjust Contracts Pleading Leave to Appeal Self Represented Litigants Contracts Review Act

Case Brief

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Parties

URJ Studer

Claimant

Boettcher

1st Opponent

Ms Konig

2nd Opponent

Procedural Posture

Summons for Leave to Appeal and Motion for Extension of Time/protection of Property / Appellate (leave to Appeal From Orders of Equity Division, Supreme Court of Nsw)

Legal Issues

  1. 1 Whether the amended pleadings disclosed a cause of action sufficient to defeat a strike out under the Contracts Review Act 1980
  2. 2 Whether leave to appeal should be granted from orders striking out claims
  3. 3 Procedural fairness for self-represented litigant

Ratio Decidendi

There was no error in the orders made by Waddell CJ in Eq and Young J striking out the claims, as the amended pleadings disclosed no sufficient cause of action, and hence no ground for leave to appeal was made out.

Court Disposition

Summons for leave to appeal dismissed with costs; motion dismissed as unnecessary to determine.

Orders

  • Summons for leave to appeal dismissed with costs
  • Motion dismissed as unnecessary to determine