Islam v Australian Securities & Investments Commission [2023] NSWSC 1188

Islam v Australian Securities & Investments Commission [2023] NSWSC 1188

The summons disclosed no reasonable cause of action against any defendant and consisted of effectively unintelligible, vague and general allegations. The material before the Court did not provide a clear route to any recognised actionable grievance, and the summons could not be amended or re-pleaded so as to reveal any viable cause of action. The proceedings were therefore dismissed with costs.

Jurisdiction
Australia
Judgment Date
06 October 2023
Procedural Posture
Civil Proceedings / Notices of Motion Seeking Dismissal of the Proceedings Or, in the Alternative, Strike Out of the Pleadings
Outcome
Proceedings dismissed with costs.
Legal Topics
['strike Out' 'dismissal of Proceedings' 'no Reasonable Cause of Action' 'ucpr 13.4' 'ucpr 14.28' 'amendment of Pleadings']
['civil Procedure'] ['strike Out' 'dismissal of Proceedings' 'no Reasonable Cause of Action' 'ucpr 13.4' 'ucpr 14.28' 'amendment of Pleadings']

Case Brief

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Procedural Posture

Civil Proceedings / Notices of Motion Seeking Dismissal of the Proceedings Or, in the Alternative, Strike Out of the Pleadings

Legal Issues

  1. 1 ['Whether the summons should be struck out under UCPR 14.28 or the proceedings dismissed because no reasonable cause of action was disclosed.' 'Whether there was any utility in giving the plaintiff an opportunity to re-plead his case in a form complying with the rules and articulating a recognised cause of action.']

Ratio Decidendi

The summons disclosed no reasonable cause of action against any defendant and consisted of effectively unintelligible, vague and general allegations. The material before the Court did not provide a clear route to any recognised actionable grievance, and the summons could not be amended or re-pleaded so as to reveal any viable cause of action. The proceedings were therefore dismissed with costs.

Court Disposition

Proceedings dismissed with costs.

Orders

  • ['Proceedings dismissed with costs.']