Karmakar v Minister for Health [2019] FCA 868

Karmakar v Minister for Health [2019] FCA 868

In light of deficiencies in the pleadings, recent engagement of senior and junior counsel for the applicant, and interests of justice including potential factual controversies, the interlocutory application for summary judgment and striking out is adjourned, allowing repleading and proper preparation.

Jurisdiction
Australia
Judgment Date
16 May 2019
Procedural Posture
Application for Summary Judgment And/or Strike Out / Interlocutory Hearing Adjourned
Outcome
Application for summary judgment and striking out adjourned; directions given for repleading and further submissions; costs thrown away to respondent.
Legal Topics
['summary Judgment' 'striking Out Pleadings' 'adjournment' 'natural Justice' 'bias' 'freedom of Political Discourse']
['administrative Law' 'human Rights' 'practice and Procedure'] ['summary Judgment' 'striking Out Pleadings' 'adjournment' 'natural Justice' 'bias' 'freedom of Political Discourse']

Case Brief

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Procedural Posture

Application for Summary Judgment And/or Strike Out / Interlocutory Hearing Adjourned

Legal Issues

  1. 1 ['Whether summary judgment or striking out should be granted given deficiencies in the pleadings' 'Whether adjournment for re-pleading is justified' 'Whether natural justice requirements were violated' 'Whether the scheme under Health Insurance Act 1973 violates implied freedom of political discourse']

Ratio Decidendi

In light of deficiencies in the pleadings, recent engagement of senior and junior counsel for the applicant, and interests of justice including potential factual controversies, the interlocutory application for summary judgment and striking out is adjourned, allowing repleading and proper preparation.

Court Disposition

Application for summary judgment and striking out adjourned; directions given for repleading and further submissions; costs thrown away to respondent.

Orders

  • ["Respondents' amended interlocutory application dated 13 March 2019 adjourned to 19 September 2019." '19 September 2019 reserved for trial if ordered.' 'Applicant to file any further amended Statement of Claim by 28 June 2019.' 'Respondents to file any further amended application in support of summary judgment or...