INGLIS AND ANOTHER V. GIFFORD

INGLIS AND ANOTHER V. GIFFORD

The statement of claim, even if amended as proposed, did not allege any facts giving rise to a cause of action against the defendant; therefore, it was proper to strike out the statement of claim and dismiss the action.

Parties
Plaintiff: Inglis and another; Defendant: Gifford
Jurisdiction
Australia
Judgment Date
12 February 1965
Procedural Posture
Appeal / Full High Court Appeal From Order Setting Aside Writ
Outcome
Appeal dismissed; action struck out for no cause of action.
Legal Topics
Jurisdiction, Cause of Action, Pleading
Civil Procedure Jurisdiction Cause of Action Pleading

Case Brief

Summary, issues, holding and outcome

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Parties

Inglis and another

Plaintiff

Gifford

Defendant

Procedural Posture

Appeal / Full High Court Appeal From Order Setting Aside Writ

Legal Issues

  1. 1 Whether the statement of claim disclosed any cause of action against the defendant
  2. 2 Whether the High Court had jurisdiction to try the action

Ratio Decidendi

The statement of claim, even if amended as proposed, did not allege any facts giving rise to a cause of action against the defendant; therefore, it was proper to strike out the statement of claim and dismiss the action.

Court Disposition

Appeal dismissed; action struck out for no cause of action.

Orders

  • Order substituted striking out the statement of claim as disclosing no cause of action and dismissing the action.