McGrory v Horizon One Recruitment Pty Ltd (No 2) [2025] FCA 153

McGrory v Horizon One Recruitment Pty Ltd (No 2) [2025] FCA 153

Dr McGrory's statement of claim failed to disclose any cause of action against the respondent, contained largely irrelevant and embarrassing material, and there was no reasonable prospect of her successfully prosecuting her claim. Accordingly, summary judgment was granted in favour of the respondent, and, in the alternative, the statement of claim was struck out with no leave to replead. Costs were awarded against Dr McGrory as the proceedings were instituted without reasonable cause.

Parties
Applicant: Dr Clare Anne McGrory; Respondent: Horizon One Recruitment Pty Ltd
Jurisdiction
Australia
Judgment Date
04 March 2025
Procedural Posture
Application for Summary Judgment/strike Out in Employment Context / Interlocutory (summary Judgment and Strike Out Application, Followed by Orders Disposing of Proceeding)
Outcome
Summary judgment for respondent; statement of claim struck out; costs awarded to respondent.
Legal Topics
Summary Judgment, Strike Out of Pleadings, Costs Under Fair Work Act, Adverse Action, Coercion, Discrimination, Federal Court Procedure
Employment Law Practice and Procedure Summary Judgment Strike Out of Pleadings Costs Under Fair Work Act Adverse Action Coercion Discrimination +1 more

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Parties

Dr Clare Anne McGrory

Applicant

Horizon One Recruitment Pty Ltd

Respondent

Procedural Posture

Application for Summary Judgment/strike Out in Employment Context / Interlocutory (summary Judgment and Strike Out Application, Followed by Orders Disposing of Proceeding)

Legal Issues

  1. 1 Whether the applicant's claim disclosed a reasonable cause of action against the respondent
  2. 2 Whether the statement of claim should be struck out as frivolous, vexatious or embarrassing
  3. 3 Whether summary judgment should be entered against the applicant under s 31A(2) of the Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

Dr McGrory's statement of claim failed to disclose any cause of action against the respondent, contained largely irrelevant and embarrassing material, and there was no reasonable prospect of her successfully prosecuting her claim. Accordingly, summary judgment was granted in favour of the respondent, and, in the alternative, the statement of claim was struck out with no leave to replead. Costs were awarded against Dr McGrory as the proceedings were instituted without reasonable cause.

Court Disposition

Summary judgment for respondent; statement of claim struck out; costs awarded to respondent.

Orders

  • Summary judgment be entered for the respondent against the applicant in respect of the originating application filed by the applicant on 1 December 2023, pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and r 26.01 of the Federal Court Rules 2011 (Cth).
  • In the alternative, pursuant to r 16.21 of the Federal Court Rules 2011 (Cth), the statement of claim filed by the applicant on 1 December 2023 be struck out.