Johnston v Australia and New Zealand Banking Group Ltd; Johnston v Richardson [2003] NSWSC 454

Johnston v Australia and New Zealand Banking Group Ltd; Johnston v Richardson [2003] NSWSC 454

The Further Amended Statement of Claim is confusing, does not define the material facts or the real issues, includes irrelevant and extraneous allegations, fails to particularise allegations of malice and agency as required, and does not disclose a reasonably arguable cause of action in relation to malicious prosecution or abuse of process. The pleading is therefore struck out.

Jurisdiction
Australia
Judgment Date
04 June 2003
Procedural Posture
Civil / Interlocutory Application Motion to Strike Out Further Amended Statement of Claim
Outcome
Statement of Claim struck out.
Legal Topics
['pleading' 'strike Out Applications' 'abuse of Process' 'malicious Prosecution' 'particulars']
['civil Procedure'] ['pleading' 'strike Out Applications' 'abuse of Process' 'malicious Prosecution' 'particulars']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory Application Motion to Strike Out Further Amended Statement of Claim

Legal Issues

  1. 1 ['Whether the Further Amended Statement of Claim should be struck out for failing to disclose a reasonable cause of action or for tendency to cause prejudice or embarrassment in the proceeding' 'Whether the pleading adequately particularised allegations of malice and improper purpose' 'Whether allegations against ANZ and other defendants as to agency, malice, and improper purpose were properly pleaded']

Ratio Decidendi

The Further Amended Statement of Claim is confusing, does not define the material facts or the real issues, includes irrelevant and extraneous allegations, fails to particularise allegations of malice and agency as required, and does not disclose a reasonably arguable cause of action in relation to malicious prosecution or abuse of process. The pleading is therefore struck out.

Court Disposition

Statement of Claim struck out.

Orders

  • ['Further Amended Statement of Claim is struck out.' 'Plaintiff to pay the costs of the motion to strike out.' 'Balance of the notice of motion stood over before the Registrar.' 'Application to declare plaintiff a vexatious litigant to be brought separately.']