EIX20 v State of Western Australia [2022] FCA 1357

EIX20 v State of Western Australia [2022] FCA 1357

The Court found that numerous paragraphs of the applicant's Further Amended Statement of Claim (FASC) were too ambiguous, general, or failed to adequately state material facts, particularise alleged knowledge, or delineate the basis for liability such that the respondent could not know the case it must meet. Accordingly, specific paragraphs of the FASC were ordered to be struck out pursuant to r 16.21(1)(c) and (d) of the Federal Court Rules 2011 (Cth), with liberty to the applicant to re-plead those parts to properly appraise the State of the case to be met.

Parties
Applicant: EIX20; Respondent: State of Western Australia
Jurisdiction
Australia
Judgment Date
17 November 2022
Procedural Posture
Application to Strike Out Pleadings / Interlocutory Judgment (strike Out Application)
Outcome
Application allowed in part. Leave to re-plead. Costs reserved.
Legal Topics
Strike Out Application, Pleadings, Disability Discrimination, Racial Discrimination, Negligence, Assault and Battery, Unlawful Imprisonment, Case Management
Practice and Procedure Administrative Law Discrimination Law Torts Strike Out Application Pleadings Disability Discrimination Racial Discrimination +4 more

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Parties

EIX20

Applicant

State of Western Australia

Respondent

Procedural Posture

Application to Strike Out Pleadings / Interlocutory Judgment (strike Out Application)

Legal Issues

  1. 1 Whether the pleadings are ambiguous, evasive, or fail to disclose reasonable cause of action under r 16.21(1) of the Federal Court Rules 2011 (Cth)
  2. 2 Whether factual material is adequately pleaded to ground claims for discrimination, negligence, assault and unlawful imprisonment
  3. 3 Whether parts of the statement of claim should be struck out for causing prejudice, embarrassment, or delay

Ratio Decidendi

The Court found that numerous paragraphs of the applicant's Further Amended Statement of Claim (FASC) were too ambiguous, general, or failed to adequately state material facts, particularise alleged knowledge, or delineate the basis for liability such that the respondent could not know the case it must meet. Accordingly, specific paragraphs of the FASC were ordered to be struck out pursuant to r 16.21(1)(c) and (d) of the Federal Court Rules 2011 (Cth), with liberty to the applicant to re-plead those parts to properly appraise the State of the case to be met.

Court Disposition

Application allowed in part. Leave to re-plead. Costs reserved.

Orders

  • The applicant has leave to file and serve the further amended statement of claim (FASC), taken to have been filed on 8 March 2022.
  • The respondent has leave to file and serve its amended interlocutory application seeking to strike out paragraphs of the FASC, taken to have been filed on 29 March 2022.