Vasram v AMP Life Limited [2001] FCA 1625

Vasram v AMP Life Limited [2001] FCA 1625

The fifth statement of claim went beyond the leave to amend, included irrelevant material and issues already decided, failed to identify or particularise viable causes of action, was embarrassing and an abuse of process, and the pleaded claims were so obviously untenable that they could not succeed. Given the history of repeated defective pleadings and the absence of any real prospect that the applicant could articulate a viable cause of action, the proceedings were dismissed rather than permitting further repleading.

Jurisdiction
Australia
Judgment Date
15 November 2001
Procedural Posture
Proceeding Commenced in a Personal and Representative Capacity Under Part IVA of the Federal Court of Australia Act 1976 (cth), With Relief Sought as Damages Under S 82 of the Trade Practices Act 1974 (cth). / Respondent's Notice of Motion to Strike Out the Fifth Statement of Claim Under O 11 R 16 of the Federal Court Rules and to Dismiss the Proceedings Under O 20 R 2.
Outcome
Proceedings dismissed; costs reserved.
Legal Topics
['strike Out of Statement of Claim' 'summary Dismissal' 'abuse of Process' 'embarrassing Pleading' 'misleading and Deceptive Conduct' 'representative Proceedings' 'limitation Period']
['practice and Procedure' 'trade Practices' 'insurance'] ['strike Out of Statement of Claim' 'summary Dismissal' 'abuse of Process' 'embarrassing Pleading' 'misleading and Deceptive Conduct' 'representative Proceedings' 'limitation Period']

Case Brief

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Procedural Posture

Proceeding Commenced in a Personal and Representative Capacity Under Part IVA of the Federal Court of Australia Act 1976 (cth), With Relief Sought as Damages Under S 82 of the Trade Practices Act 1974 (cth). / Respondent's Notice of Motion to Strike Out the Fifth Statement of Claim Under O 11 R 16 of the Federal Court Rules and to Dismiss the Proceedings Under O 20 R 2.

Legal Issues

  1. 1 ['Whether the fifth statement of claim should be struck out under O 11 r 16 of the Federal Court Rules because it disclosed no reasonable cause of action, tended to cause prejudice, embarrassment or delay, or was otherwise an abuse of process.' 'Whether the proceedings should be dismissed under O 20 r 2 of the Federal Court Rules rather than giving the applicant another opportunity to replead.' "Whether the applicant's pleaded claims, apparently based on misleading and deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth) and damages under s 82, were untenable or barred by the limitation period in s 82(2)."]

Ratio Decidendi

The fifth statement of claim went beyond the leave to amend, included irrelevant material and issues already decided, failed to identify or particularise viable causes of action, was embarrassing and an abuse of process, and the pleaded claims were so obviously untenable that they could not succeed. Given the history of repeated defective pleadings and the absence of any real prospect that the applicant could articulate a viable cause of action, the proceedings were dismissed rather than permitting further repleading.

Court Disposition

Proceedings dismissed; costs reserved.

Orders

  • ['The proceedings be dismissed.' 'The question of costs is reserved.' 'The parties to provide written submissions on the question of costs by 28 November 2001.']