Morgan & Anor v Porteous; Morgan & Anor v Smith; Morgan v Gill & Ors; Morgan v Balding; Morgan v Espinosa; Morgan v Cooper; Morgan v Herbert; Morgan v Deasy; Morgan v McMain [2001] NSWSC 666

Morgan & Anor v Porteous; Morgan & Anor v Smith; Morgan v Gill & Ors; Morgan v Balding; Morgan v Espinosa; Morgan v Cooper; Morgan v Herbert; Morgan v Deasy; Morgan v McMain [2001] NSWSC 666

Ryan Peregrine was an unnecessary party and, as a disabled person without a tutor despite the issue having been raised, should cease to be a party in the two proceedings. Each Statement of Claim was seriously deficient, failed to comply with pleading rules, contained unintelligible and irrelevant material, failed adequately to disclose a reasonable cause of action, tended to cause prejudice, embarrassment and delay, and was otherwise an abuse of process; the only expedient course was to strike out each Statement of Claim in full.

Jurisdiction
Australia
Judgment Date
07 August 2001
Procedural Posture
Proceedings in Defamation / Applications to Strike Out the Statements of Claim
Outcome
Statements of Claim struck out in all proceedings; Ryan Peregrine ordered to cease to be a party in two proceedings; first plaintiff ordered to pay costs to date.
Legal Topics
['pleadings' 'strike Out of Statement of Claim' 'disabled Person Requiring Tutor' 'abuse of Process' 'costs']
['defamation' 'civil Procedure'] ['pleadings' 'strike Out of Statement of Claim' 'disabled Person Requiring Tutor' 'abuse of Process' 'costs']

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Procedural Posture

Proceedings in Defamation / Applications to Strike Out the Statements of Claim

Legal Issues

  1. 1 ['Whether Ryan Peregrine, as a disabled person without a tutor, should cease to be a party to proceedings No.20502 of 2000 and No.20531 of 2000.' 'Whether each Statement of Claim should be struck out for serious pleading deficiencies, tendency to cause prejudice, embarrassment and delay, and abuse of process.']

Ratio Decidendi

Ryan Peregrine was an unnecessary party and, as a disabled person without a tutor despite the issue having been raised, should cease to be a party in the two proceedings. Each Statement of Claim was seriously deficient, failed to comply with pleading rules, contained unintelligible and irrelevant material, failed adequately to disclose a reasonable cause of action, tended to cause prejudice, embarrassment and delay, and was otherwise an abuse of process; the only expedient course was to strike out each Statement of Claim in full.

Court Disposition

Statements of Claim struck out in all proceedings; Ryan Peregrine ordered to cease to be a party in two proceedings; first plaintiff ordered to pay costs to date.

Orders

  • ['Ryan Peregrine cease to be a party in proceedings No.20502 of 2000 and in 20531 of 2000.' 'In each of proceedings No.20502 of 2000, 20531 of 2000, 20598 of 2000, 20599 of 2000, 20600 of 2000, 20601 of 2000, 20602 of 2000, 20603 of 2000 and 20604 of 2000, the Statement of Claim is struck out.' 'In each of the...