Croker v Dept of Family & Community Services [2000] FCA 1304

Croker v Dept of Family & Community Services [2000] FCA 1304

No reasonable cause of action was disclosed by the applicant; no proper ground for grant of leave established; leave to appeal refused with costs.

Jurisdiction
Australia
Judgment Date
29 August 2000
Procedural Posture
Appeal / Application for Leave to Appeal From Interlocutory Judgment
Outcome
leave to appeal refused with costs
Legal Topics
['leave to Appeal' 'reasonable Cause of Action' 'fiduciary Duty' 'damages' 'financial Management and Accountability Act' 'amended Pleadings']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal From Interlocutory Judgment

  1. 1 ["Whether the applicant's amended statement of claim disclosed a reasonable cause of action" 'Whether leave to appeal should be granted from the dismissal of proceedings' 'Whether the Department of Family and Community Services owed a fiduciary duty to the applicant' 'Whether a claim for exemplary damages or other causes of action was sustainable']

Ratio Decidendi

No reasonable cause of action was disclosed by the applicant; no proper ground for grant of leave established; leave to appeal refused with costs.

Court Disposition

leave to appeal refused with costs

Orders

  • ['Leave to appeal refused, with costs.']