Rose v Premier of Queensland Department, (Hon. Campbell Newman, Premier) (No 2) [2013] NSWSC 1421

Rose v Premier of Queensland Department, (Hon. Campbell Newman, Premier) (No 2) [2013] NSWSC 1421

The pleadings, including the proposed amended statement of claim, were so incomprehensible and deficient that no reasonable cause of action could be discerned; the proceedings were an abuse of process, had no discernible prospects of success, and their continuation would be futile and unfair to served defendants.

Jurisdiction
Australia
Judgment Date
23 September 2013
Procedural Posture
Common Law; Interlocutory Applications / Notices of Motion to Strike Out the Statement of Claim or Dismiss the Proceedings
Outcome
Proceedings dismissed in respect of each defendant, with costs payable by the plaintiffs to those defendants who filed an appearance.
Legal Topics
['unrepresented Litigants' 'pleadings' 'strike Out' 'dismissal of Proceedings' 'abuse of Process' 'no Reasonable Cause of Action']
['civil Procedure'] ['unrepresented Litigants' 'pleadings' 'strike Out' 'dismissal of Proceedings' 'abuse of Process' 'no Reasonable Cause of Action']

Case Brief

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Procedural Posture

Common Law; Interlocutory Applications / Notices of Motion to Strike Out the Statement of Claim or Dismiss the Proceedings

Legal Issues

  1. 1 ["Whether the plaintiffs' statement of claim and proposed amended statement of claim disclosed any reasonable cause of action." 'Whether the proceedings should be dismissed under UCPR r 13.4 as frivolous or vexatious, disclosing no reasonable cause of action, or an abuse of process.']

Ratio Decidendi

The pleadings, including the proposed amended statement of claim, were so incomprehensible and deficient that no reasonable cause of action could be discerned; the proceedings were an abuse of process, had no discernible prospects of success, and their continuation would be futile and unfair to served defendants.

Court Disposition

Proceedings dismissed in respect of each defendant, with costs payable by the plaintiffs to those defendants who filed an appearance.

Orders

  • ['The proceedings in respect of each defendant are dismissed.' 'The plaintiffs are to pay the costs of those defendants who have filed an appearance.']