Macquarie Infrastructure Group & anor v Agsten [2009] NSWSC 58

Macquarie Infrastructure Group & anor v Agsten [2009] NSWSC 58

The statement of claim is so deficient, prolix, and lacking in identification of any justiciable cause of action that there is no reasonable cause of action disclosed, it is embarrassing in form and constitutes an abuse of process, particularly as it is used to pursue collateral objectives.

Parties
Applicant: Macquarie Infrastructure Group; Applicant: John Hughes; Respondent: Felicity Agsten
Jurisdiction
Australia
Judgment Date
19 February 2009
Procedural Posture
Motion to Strike Out Statement of Claim / Hearing and Judgment on Motion
Outcome
Statement of Claim struck out. Plaintiff ordered to pay defendants' costs of the motion.
Legal Topics
Pleadings, Strike Out Application, Abuse of Process
Civil Procedure Pleadings Strike Out Application Abuse of Process

Case Brief

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Parties

Macquarie Infrastructure Group

Applicant

John Hughes

Applicant

Felicity Agsten

Respondent

Procedural Posture

Motion to Strike Out Statement of Claim / Hearing and Judgment on Motion

Legal Issues

  1. 1 Whether the statement of claim discloses a reasonable cause of action
  2. 2 Whether the statement of claim is so prolix, ambiguous, or deficient as to require it be struck out
  3. 3 Whether the proceedings amount to an abuse of process

Ratio Decidendi

The statement of claim is so deficient, prolix, and lacking in identification of any justiciable cause of action that there is no reasonable cause of action disclosed, it is embarrassing in form and constitutes an abuse of process, particularly as it is used to pursue collateral objectives.

Court Disposition

Statement of Claim struck out. Plaintiff ordered to pay defendants' costs of the motion.

Orders

  • The statement of claim is struck out.
  • The plaintiff is ordered to pay the defendants' costs of the motion.