McMurtrie v Commonwealth of Australia & 6 Ors [2000] NSWSC 781

McMurtrie v Commonwealth of Australia & 6 Ors [2000] NSWSC 781

The statement of claim, in its present form, does not disclose a reasonable cause of action against the first, fourth, fifth, sixth and seventh defendants, is defective, and does not allow the defendants to know the case they must meet; accordingly, it must be struck out, but the plaintiff is granted leave to amend.

Parties
Plaintiff: Mark McMurtrie; First Defendant: Commonwealth of Australia; Second Defendant: Aboriginal & Torres Strait Islander Commission; Third Defendant: Dumaresq Shire Council; Fourth Defendant: NSW Police Service; Fifth Defendant: Australian Taxation Office; Sixth Defendant: Independent Commissioner Against Corruption; Seventh Defendant: NSW Police Commissioner Ryan
Jurisdiction
Australia
Judgment Date
18 August 2000
Procedural Posture
Summary Judgment Application / Interlocutory
Outcome
Statement of claim struck out as against first, fourth, fifth, sixth and seventh defendants with leave to replead. Plaintiff to pay costs of motions.
Legal Topics
Summary Judgment, Striking Out Pleadings, Trespass, Conflict of Interest, Constitutional Rights, ICAC Immunity
Civil Procedure Constitutional Law Torts Summary Judgment Striking Out Pleadings Trespass Conflict of Interest Constitutional Rights +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mark McMurtrie

Plaintiff

Commonwealth of Australia

First Defendant

Aboriginal & Torres Strait Islander Commission

Second Defendant

Dumaresq Shire Council

Third Defendant

NSW Police Service

Fourth Defendant

Australian Taxation Office

Fifth Defendant

Independent Commissioner Against Corruption

Sixth Defendant

NSW Police Commissioner Ryan

Seventh Defendant

Procedural Posture

Summary Judgment Application / Interlocutory

Legal Issues

  1. 1 Whether the statement of claim discloses a reasonable cause of action against the first, fourth, fifth, sixth and seventh defendants
  2. 2 Whether the proceedings are frivolous, vexatious, or an abuse of process
  3. 3 Whether the court should strike out the statement of claim against certain defendants

Ratio Decidendi

The statement of claim, in its present form, does not disclose a reasonable cause of action against the first, fourth, fifth, sixth and seventh defendants, is defective, and does not allow the defendants to know the case they must meet; accordingly, it must be struck out, but the plaintiff is granted leave to amend.

Court Disposition

Statement of claim struck out as against first, fourth, fifth, sixth and seventh defendants with leave to replead. Plaintiff to pay costs of motions.

Orders

  • The paragraphs of the statement of claim reproduced in this judgment are struck out. The statement of claim is struck out as against the first, fourth, fifth, sixth and seventh defendants.
  • An amended statement of claim is to be filed within two months.