Luck v Hunter [2001] FCA 466

Luck v Hunter [2001] FCA 466

The statement of claim did not plead material facts necessary to establish causes of action for breach of contract, negligence, or under the relevant statutory provisions, or sufficient loss or damage. The claims were therefore struck out as against the first, second, fifth, sixth, seventh, eighth, and ninth respondents.

Parties
Applicant: Gaye Luck (formerly Kuperman); First Respondent: Dr Ross B Hunter; Second Respondent: R B Hunter (Medical) Pty Ltd ACN 088 496 995; Third Respondent: NOCDOC; Fourth Respondent: Dr D McAlpine; Fifth Respondent: P W Kerrisk (Townsville) Pty Ltd T/A Aitkenvale Medical Centre ACN 011 003 231; Sixth Respondent: Dr Peter Buchanan; Seventh Respondent: Dr Henry Lau; Eighth Respondent: Consultant Pathologists (Townsville) Pty Ltd ACN 010 106 680; Ninth Respondent: Dr Grant Withey; Tenth Respondent: Queensland X-Ray Services BN 3332160
Jurisdiction
Australia
Judgment Date
26 April 2001
Procedural Posture
Notice of Motion / Judgment on Defendants' Application to Strike Out Statement of Claim
Outcome
Statement of claim struck out against first, second, fifth, sixth, seventh, eighth, and ninth respondents
Legal Topics
Negligence, Breach of Contract, Misrepresentation, Misleading or Deceptive Conduct, Unconscionable Conduct
Medical Law Contract Law Tort Law Consumer Protection Negligence Breach of Contract Misrepresentation Misleading or Deceptive Conduct +1 more

Case Brief

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Parties

Gaye Luck (formerly Kuperman)

Applicant

Dr Ross B Hunter

First Respondent

R B Hunter (Medical) Pty Ltd ACN 088 496 995

Second Respondent

NOCDOC

Third Respondent

Dr D McAlpine

Fourth Respondent

P W Kerrisk (Townsville) Pty Ltd T/A Aitkenvale Medical Centre ACN 011 003 231

Fifth Respondent

Dr Peter Buchanan

Sixth Respondent

Dr Henry Lau

Seventh Respondent

Consultant Pathologists (Townsville) Pty Ltd ACN 010 106 680

Eighth Respondent

Dr Grant Withey

Ninth Respondent

Queensland X-Ray Services BN 3332160

Tenth Respondent

Procedural Posture

Notice of Motion / Judgment on Defendants' Application to Strike Out Statement of Claim

Legal Issues

  1. 1 Whether the statement of claim pleaded causes of action against the respondents for breach of contract, negligence, unconscionable conduct, misrepresentation and misleading or deceptive conduct under the Trade Practices Act 1974 (Cth), Fair Trading Act 1989 (Qld), Human Rights and Equal Opportunity Commission Act 1986 (Cth), and Medical Act 1939 (Qld).

Ratio Decidendi

The statement of claim did not plead material facts necessary to establish causes of action for breach of contract, negligence, or under the relevant statutory provisions, or sufficient loss or damage. The claims were therefore struck out as against the first, second, fifth, sixth, seventh, eighth, and ninth respondents.

Court Disposition

Statement of claim struck out against first, second, fifth, sixth, seventh, eighth, and ninth respondents

Orders

  • Statement of claim struck out as against the first, second, fifth, sixth, seventh, eighth, and ninth respondents.