Kenneth A Pethers v Minister for Agriculture [2010] NSWSC 805

Kenneth A Pethers v Minister for Agriculture [2010] NSWSC 805

The amended Statement of Claim was struck out and the proceedings dismissed because the plaintiff's complaint concerned the political process by which the National Livestock Identification System was adopted, did not identify any decision or legal invalidity capable of being impugned, disclosed no reasonable cause of action, sought no recognisable legal remedy, and was so unintelligible, ambiguous, vague and confused that it would be oppressive and unfair to require the Minister to answer it.

Jurisdiction
Australia
Judgment Date
15 July 2010
Procedural Posture
Equity Proceeding; Pleading and Summary Dismissal Application / Hearing of the Minister's Application to Strike Out and Summarily Dismiss the Amended Statement of Claim After the Original Statement of Claim Had Been Struck Out With Leave to Amend
Outcome
Amended Statement of Claim struck out and proceedings dismissed; no costs order made.
Legal Topics
['pleading' 'summary Dismissal' 'no Reasonable Cause of Action' 'embarrassing Pleading' 'national Livestock Identification System']
['civil Procedure' 'agriculture and Stock Regulation'] ['pleading' 'summary Dismissal' 'no Reasonable Cause of Action' 'embarrassing Pleading' 'national Livestock Identification System']

Case Brief

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Procedural Posture

Equity Proceeding; Pleading and Summary Dismissal Application / Hearing of the Minister's Application to Strike Out and Summarily Dismiss the Amended Statement of Claim After the Original Statement of Claim Had Been Struck Out With Leave to Amend

Legal Issues

  1. 1 ['Whether the amended Statement of Claim disclosed a reasonable cause of action or sought a recognisable legal remedy.' 'Whether the plaintiff identified any legal ground for impugning a decision of the Minister or the validity of the legislation, regulations or stock identification scheme.' 'Whether the amended Statement of Claim was unintelligible, ambiguous, vague, too general, oppressive or unfair for the Minister to answer.']

Ratio Decidendi

The amended Statement of Claim was struck out and the proceedings dismissed because the plaintiff's complaint concerned the political process by which the National Livestock Identification System was adopted, did not identify any decision or legal invalidity capable of being impugned, disclosed no reasonable cause of action, sought no recognisable legal remedy, and was so unintelligible, ambiguous, vague and confused that it would be oppressive and unfair to require the Minister to answer it.

Court Disposition

Amended Statement of Claim struck out and proceedings dismissed; no costs order made.

Orders

  • ['The amended Statement of Claim be struck out.' 'The proceedings be dismissed.' 'No costs order.']