BOEHM V. HAYES & ORS. 60/1984

The Amended Statement of Claim should not be struck out as it is not clear that no reasonable cause of action is disclosed; defects regarding allegations of fraud and denial of natural justice may be cured via amendment, and the plaintiff is granted leave to amend accordingly.

Source-derived case information.

Parties: Plaintiff: Boehm; Defendants: Hayes & Ors; Defendant: Commonwealth
Jurisdiction: Australia
Judgment Date: 27 July 1984
Procedural Posture: Application to Strike Out Pleadings / Interlocutory
Outcome: Application to strike out dismissed save for order to amend certain pleaded defects.
Legal Topics: Promissory Estoppel, Natural Justice, Negligence, Fraud, Compensation Under Government Scheme

Administrative Law Contract Law Tort Law Promissory Estoppel Natural Justice Negligence Fraud Compensation Under Government Scheme

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Parties

Boehm

Plaintiff

Hayes & Ors

Defendants

Commonwealth

Defendant

Procedural Posture

Application to Strike Out Pleadings / Interlocutory

Legal Issues

1 Whether the Amended Statement of Claim discloses a reasonable cause of action
2 Whether claims for promissory estoppel, denial of natural justice, fraud, and negligence are adequately pleaded

Ratio Decidendi

Court Disposition

Application to strike out dismissed save for order to amend certain pleaded defects.

Orders

Plaintiff granted leave to amend Statement of Claim regarding denial of natural justice and prayer for relief within 14 days.
Paragraph 20 (fraud) of Amended Statement of Claim struck out with leave to re-plead with necessary particulars.

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