Lovric v WorkCover Authority of New South Wales (No 2) [2008] NSWSC 376

Lovric v WorkCover Authority of New South Wales (No 2) [2008] NSWSC 376

The plaintiffs' cases against the second defendant are so clearly untenable that they cannot possibly succeed, as there is no evidence to support the pleaded allegations and no likelihood any will materialise.

Jurisdiction
Australia
Judgment Date
29 April 2008
Procedural Posture
Strike Out Application / Judgment
Outcome
Proceedings against the second defendant dismissed with costs
Legal Topics
['strike Out Applications' 'facts Incapable of Supporting Pleaded Allegations' 'dismissal for No Reasonable Cause of Action']
['civil Procedure'] ['strike Out Applications' 'facts Incapable of Supporting Pleaded Allegations' 'dismissal for No Reasonable Cause of Action']

Case Brief

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Procedural Posture

Strike Out Application / Judgment

Legal Issues

  1. 1 ['Whether the pleadings disclose any reasonable cause of action against the second defendant' 'Whether the facts are capable of supporting the pleaded allegations']

Ratio Decidendi

The plaintiffs' cases against the second defendant are so clearly untenable that they cannot possibly succeed, as there is no evidence to support the pleaded allegations and no likelihood any will materialise.

Court Disposition

Proceedings against the second defendant dismissed with costs

Orders

  • ["The plaintiffs' case against the second defendant in each matter dismissed with costs"]