GFIN Pty Limited v Gooden, in the matter of GFIN Pty Limited [2019] FCA 1313

GFIN Pty Limited v Gooden, in the matter of GFIN Pty Limited [2019] FCA 1313

The counterclaim was hopelessly defective as it failed to disclose any arguable basis for relief by either Mr Gooden or Beagle against any person; it was not a cross-claim within the meaning of the rules and was struck out pursuant to r 16.21 of the Federal Court Rules 2011 or s 23 of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
15 August 2019
Procedural Posture
Application to Strike Out Counterclaim / Interlocutory Application Decided
Outcome
Counterclaim struck out and costs ordered against the first defendant
Legal Topics
['strike Out Application' 'counter Claim' 'pleadings Requirements' 'self Represented Litigant']
['practice and Procedure' 'corporations Law'] ['strike Out Application' 'counter Claim' 'pleadings Requirements' 'self Represented Litigant']

Case Brief

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Procedural Posture

Application to Strike Out Counterclaim / Interlocutory Application Decided

Legal Issues

  1. 1 ['Whether the counterclaim filed by the first and second defendants discloses a reasonable cause of action or complies with rules for pleadings and cross-claims.' 'Whether the counterclaim should be struck out for failing to properly claim relief against any person.']

Ratio Decidendi

The counterclaim was hopelessly defective as it failed to disclose any arguable basis for relief by either Mr Gooden or Beagle against any person; it was not a cross-claim within the meaning of the rules and was struck out pursuant to r 16.21 of the Federal Court Rules 2011 or s 23 of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Counterclaim struck out and costs ordered against the first defendant

Orders

  • ["The first and second defendants' 'Statement of Counterclaim' be struck out." "The first defendant pay the plaintiff's costs of the interlocutory application filed 4 June 2019."]