Cavar v MSS Security Pty Ltd [2024] FCA 1460

Cavar v MSS Security Pty Ltd [2024] FCA 1460

Save for the reduced hours case, the applicant's statement of claim does not disclose a reasonable cause of action, is ambiguous, and should be struck out pursuant to Rule 16.21 of the Federal Court Rules 2011 (Cth). Leave is granted to file a further statement of claim certified by a lawyer, but the reduced hours case remains.

Parties
Applicant: Celija (Celia) Cavar; Respondent: MSS Security Pty Ltd
Jurisdiction
Australia
Judgment Date
18 December 2024
Procedural Posture
Strike Out and Summary Judgment Application / Interlocutory
Outcome
Statement of claim struck out except for reduced hours case; leave to replead with lawyer certification; summary judgment application otherwise dismissed; costs reserved; proceeding listed for further case management hearing.
Legal Topics
Strike Out Application, Summary Judgment, Breach of Contract, Misleading and Deceptive Conduct, Fair Work Act Claims
Employment and Industrial Relations Strike Out Application Summary Judgment Breach of Contract Misleading and Deceptive Conduct Fair Work Act Claims

Case Brief

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Parties

Celija (Celia) Cavar

Applicant

MSS Security Pty Ltd

Respondent

Procedural Posture

Strike Out and Summary Judgment Application / Interlocutory

Legal Issues

  1. 1 Whether the applicant's statement of claim discloses a reasonable cause of action
  2. 2 Whether the respondent is entitled to summary judgment
  3. 3 Whether the applicant should be given leave to file a further statement of claim certified by a lawyer

Ratio Decidendi

Save for the reduced hours case, the applicant's statement of claim does not disclose a reasonable cause of action, is ambiguous, and should be struck out pursuant to Rule 16.21 of the Federal Court Rules 2011 (Cth). Leave is granted to file a further statement of claim certified by a lawyer, but the reduced hours case remains.

Court Disposition

Statement of claim struck out except for reduced hours case; leave to replead with lawyer certification; summary judgment application otherwise dismissed; costs reserved; proceeding listed for further case management hearing.

Orders

  • Paragraphs 6, 7, 8 (except specified subparagraphs), 9, and 10 of statement of claim struck out.
  • Applicant granted leave to file and serve a further lawyer-certified statement of claim by 7 February 2025.