Walker v Government Service of New South Wales State Transit Authority Division [2017] NSWSC 1528

Walker v Government Service of New South Wales State Transit Authority Division [2017] NSWSC 1528

None of Mr Walker's claims, as pleaded, disclose a reasonable cause of action known to the law. The proceedings are manifestly hopeless and liable to summary dismissal under UCPR 13.4 and strike-out under UCPR 14.28. There is no legal remedy for the alleged breaches by the defendants within the scope pleaded.

Jurisdiction
Australia
Judgment Date
14 November 2017
Procedural Posture
Principal Judgment / Summary Dismissal Application
Outcome
Proceedings dismissed with costs.
Legal Topics
['summary Dismissal' 'reasonable Cause of Action' 'jurisdiction' 'statutory Obligations']
['civil Procedure' 'employment Law'] ['summary Dismissal' 'reasonable Cause of Action' 'jurisdiction' 'statutory Obligations']

Case Brief

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Procedural Posture

Principal Judgment / Summary Dismissal Application

Legal Issues

  1. 1 ['Whether the statement of claim discloses a reasonable cause of action against any defendant' 'Whether summary dismissal is appropriate under UCPR 13.4 and/or strike-out under UCPR 14.28' 'Legal remedies available for alleged breaches by statutory bodies']

Ratio Decidendi

None of Mr Walker's claims, as pleaded, disclose a reasonable cause of action known to the law. The proceedings are manifestly hopeless and liable to summary dismissal under UCPR 13.4 and strike-out under UCPR 14.28. There is no legal remedy for the alleged breaches by the defendants within the scope pleaded.

Court Disposition

Proceedings dismissed with costs.

Orders

  • ['Proceedings dismissed with costs.']