Wijayaweera v St Gobain Abrasives Ltd (No 2) [2012] FCA 98

Wijayaweera v St Gobain Abrasives Ltd (No 2) [2012] FCA 98

There was no admissible evidence to support any of the pleaded allegations. The applicant's claim was incomprehensible, unsubstantiated, and incapable of sustaining a finding against the respondents; therefore, the application was dismissed and costs ordered.

Jurisdiction
Australia
Judgment Date
13 February 2012
Procedural Posture
Application / Dismissal After No Case Submission
Outcome
Application dismissed; costs awarded to respondents; certain documents sealed.
Legal Topics
['strike Out Applications' 'no Case Submission' 'costs' 'pleading Requirements']
['corporations Law' 'civil Procedure'] ['strike Out Applications' 'no Case Submission' 'costs' 'pleading Requirements']

Case Brief

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Procedural Posture

Application / Dismissal After No Case Submission

Legal Issues

  1. 1 ["Whether the applicant's statement of claim discloses a cause of action" 'Whether the affidavits relied upon by the applicant are admissible' 'Whether the proceeding should be dismissed for want of evidence supporting core allegations']

Ratio Decidendi

There was no admissible evidence to support any of the pleaded allegations. The applicant's claim was incomprehensible, unsubstantiated, and incapable of sustaining a finding against the respondents; therefore, the application was dismissed and costs ordered.

Court Disposition

Application dismissed; costs awarded to respondents; certain documents sealed.

Orders

  • ['The statement of claim and the affidavits sworn by the applicant be sealed on the Court file and not be disclosed to any person without further order of the Court.' 'The application is dismissed.' "The applicant pay the first, second and fourth respondent's costs of and incidental to the application fixed in the...