Jenkings v Northern Territory of Australia (No 2) [2018] FCA 1706

Jenkings v Northern Territory of Australia (No 2) [2018] FCA 1706

The paragraphs impugned by the Territory are struck out because they fail to plead sufficient material facts, are overly general or prolix, attempt to rely on discovery to supply essential facts rather than particularising existing claims, and do not comply with the requirements set by the Federal Court Rules for...

Source-derived case information.

Parties
First Applicant: Dylan Riley Jenkings; Second Applicant: Aaron Hyde; Respondent: Northern Territory of Australia
Jurisdiction
Australia
Judgment Date
09 November 2018
Procedural Posture
Representative Action (class Action) / Interlocutory Judgment on Strike Out and Discovery Applications
Outcome
Partial striking out of statement of claim; conditional discovery ordered; remainder of applicants' discovery application dismissed
Legal Topics
Pleadings, Discovery, Striking Out Pleadings, False Imprisonment, Assault, Battery, Racial Discrimination Act Claims
Practice and Procedure Torts Anti Discrimination Pleadings Discovery Striking Out Pleadings False Imprisonment Assault +2 more

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Parties

Dylan Riley Jenkings

First Applicant

Aaron Hyde

Second Applicant

Northern Territory of Australia

Respondent

Procedural Posture

Representative Action (class Action) / Interlocutory Judgment on Strike Out and Discovery Applications

Legal Issues

  1. 1 Whether certain paragraphs of the Fifth Statement of Claim sufficiently plead material facts to comply with Federal Court Rules 2011
  2. 2 Whether paragraphs should be struck out as deficient
  3. 3 Whether discovery should be ordered prior to finalisation of pleadings

Ratio Decidendi

The paragraphs impugned by the Territory are struck out because they fail to plead sufficient material facts, are overly general or prolix, attempt to rely on discovery to supply essential facts rather than particularising existing claims, and do not comply with the requirements set by the Federal Court Rules for proper pleading. Particular claims based on Group Members' general claims cannot sufficiently frame the individual applicants' claims; discovery must be confined and timed to the finalisation of adequate pleadings.

Court Disposition

Partial striking out of statement of claim; conditional discovery ordered; remainder of applicants' discovery application dismissed

Orders

  • Paragraphs 68-69, 73-74, 77, 90-91, 93-94, 97, 114-117, 123-129 and 130-136 of the Fifth Statement of Claim be struck out.
  • Respondent's application to strike out paragraphs 75-76 and 95-96 is refused.