Singh v Khan [2021] FCA 140

Singh v Khan [2021] FCA 140

The statement of claim was struck out because it failed to disclose a reasonable cause of action and fell far short of the standard required for pleadings. It did not clearly identify matters including who the lessor and lessee were over the relevant period, how Mr Singh could claim overpayments made when Anmol was the lessee, the pleaded basis for liability of the directors, the source and application of the 47% withholding obligation, and other facts necessary to give each respondent fair notice of the case. It also contained irrelevant, scandalous, frivolous or vexatious material likely to cause prejudice, embarrassment or delay. Because there might nevertheless be a tenable cause of...

Jurisdiction
Australia
Judgment Date
24 February 2021
Procedural Posture
Practice and Procedure; Taxation Proceeding Concerning Statement of Claim / Respondents' Application to Strike Out the Applicant's Statement of Claim
Outcome
The applicant's statement of claim was struck out with leave to file and serve a new statement of claim; costs were reserved.
Legal Topics
['strike Out Application' 'pleadings' 'statement of Claim' 'withholding Tax' 'set Off, Counter Claim or Cross Demand' 'money Had and Received' 'constructive Trust']
['practice and Procedure' 'taxation' 'bankruptcy'] ['strike Out Application' 'pleadings' 'statement of Claim' 'withholding Tax' 'set Off, Counter Claim or Cross Demand' 'money Had and Received' 'constructive Trust']

Case Brief

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Procedural Posture

Practice and Procedure; Taxation Proceeding Concerning Statement of Claim / Respondents' Application to Strike Out the Applicant's Statement of Claim

Legal Issues

  1. 1 ["Whether the applicant's statement of claim disclosed a reasonable cause of action against each respondent." 'Whether the statement of claim gave the respondents fair notice of the case to be made against them at trial.' 'Whether the pleading contained irrelevant, scandalous, frivolous or vexatious material likely to cause prejudice, embarrassment or delay.' 'Whether the applicant should be given leave to re-plead.']

Ratio Decidendi

The statement of claim was struck out because it failed to disclose a reasonable cause of action and fell far short of the standard required for pleadings. It did not clearly identify matters including who the lessor and lessee were over the relevant period, how Mr Singh could claim overpayments made when Anmol was the lessee, the pleaded basis for liability of the directors, the source and application of the 47% withholding obligation, and other facts necessary to give each respondent fair notice of the case. It also contained irrelevant, scandalous, frivolous or vexatious material likely to cause prejudice, embarrassment or delay. Because there might nevertheless be a tenable cause of...

Court Disposition

The applicant's statement of claim was struck out with leave to file and serve a new statement of claim; costs were reserved.

Orders

  • ["The applicant's statement of claim filed on 17 December 2020 is struck out." 'The applicant is to file and serve a new statement of claim on or before 24 March 2021.' 'Costs are reserved.' 'The matter is listed for further case management on 30 March 2021.']