Foreman v Life Style Solutions Pty Ltd [2019] NSWSC 332

Foreman v Life Style Solutions Pty Ltd [2019] NSWSC 332

The plaintiff's pleadings and particulars were grossly deficient, incomprehensible even after recasting and clarification, and failed to put the defendant on notice of the case it was required to meet; accordingly the defendant's strike out application was granted, while the plaintiff was allowed a final opportunity to seek legal assistance to reformulate pleadings and particulars.

Jurisdiction
Australia
Judgment Date
27 March 2019
Procedural Posture
Common Law Civil Proceedings Concerning Alleged Workplace Bullying, Intimidation and Harassment / Defendant's Notice of Motion Filed 21 November 2018 to Strike Out Pleadings and Particulars
Outcome
Application to strike out pleadings and particulars granted; plaintiff ordered to pay defendant's costs to date; plaintiff permitted to apply for pro bono legal assistance; matter stood over.
Legal Topics
['pleadings and Particulars' 'strike Out' 'self Represented Litigant' 'pro Bono Legal Assistance']
['civil Procedure'] ['pleadings and Particulars' 'strike Out' 'self Represented Litigant' 'pro Bono Legal Assistance']

Case Brief

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Procedural Posture

Common Law Civil Proceedings Concerning Alleged Workplace Bullying, Intimidation and Harassment / Defendant's Notice of Motion Filed 21 November 2018 to Strike Out Pleadings and Particulars

Legal Issues

  1. 1 ["Whether the plaintiff's pleadings and particulars should be struck out under r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW)." 'Whether the self-represented plaintiff should be given an opportunity to seek pro bono legal assistance to put his pleadings in order.']

Ratio Decidendi

The plaintiff's pleadings and particulars were grossly deficient, incomprehensible even after recasting and clarification, and failed to put the defendant on notice of the case it was required to meet; accordingly the defendant's strike out application was granted, while the plaintiff was allowed a final opportunity to seek legal assistance to reformulate pleadings and particulars.

Court Disposition

Application to strike out pleadings and particulars granted; plaintiff ordered to pay defendant's costs to date; plaintiff permitted to apply for pro bono legal assistance; matter stood over.

Orders

  • ['Application to strikeout pleadings and particulars as set out in Notice of Motion filed 21 November 2018 granted.' "Plaintiff to pay defendant's costs of the proceedings to date (including those of 8 February 2019)." 'Any application by plaintiff for pro bono legal assistance to be brought by filing and serving...