Reurich v Shoalhaven Heads Bowling and Recreational Club Ltd [2020] FCA 427

Reurich v Shoalhaven Heads Bowling and Recreational Club Ltd [2020] FCA 427

The statement of claim and originating application were struck out because the pleadings failed to disclose with sufficient precision the factual and legal bases for direct discrimination, indirect discrimination, and victimisation claims, causing prejudice and uncertainty for the respondents, but the applicant was granted liberty to re-plead with the assistance of a lawyer and certification under the court rules.

Parties
Applicant: Peter George Reurich; First Respondent: Shoalhaven Heads Bowling & Recreation Club Ltd; Second Respondent: Michael Bowen
Jurisdiction
Australia
Judgment Date
02 April 2020
Procedural Posture
Application Under Australian Human Rights Commission Act 1986 (cth) for Alleged Unlawful Discrimination and Victimisation / Interlocutory Application to Strike Out Pleadings or Enter Summary Judgment; Determination on Pleadings and Re Pleading
Outcome
Originating application and statement of claim struck out with liberty to re-plead; applicant ordered to pay costs of interlocutory application; proceeding stood over for further mention.
Legal Topics
Summary Judgment, Strike Out of Pleadings, Liberty to Re Plead, Direct Disability Discrimination, Indirect Disability Discrimination, Victimisation, Federal Court Procedure
Practice and Procedure Discrimination Law Human Rights Law Summary Judgment Strike Out of Pleadings Liberty to Re Plead Direct Disability Discrimination Indirect Disability Discrimination +2 more

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Parties

Peter George Reurich

Applicant

Shoalhaven Heads Bowling & Recreation Club Ltd

First Respondent

Michael Bowen

Second Respondent

Procedural Posture

Application Under Australian Human Rights Commission Act 1986 (cth) for Alleged Unlawful Discrimination and Victimisation / Interlocutory Application to Strike Out Pleadings or Enter Summary Judgment; Determination on Pleadings and Re Pleading

Legal Issues

  1. 1 Whether the statement of claim and originating application disclose a reasonable cause of action or are so deficient as to warrant being struck out
  2. 2 Whether summary judgment should be entered in favour of the Respondent
  3. 3 Whether the Applicant should be granted liberty to re-plead

Ratio Decidendi

The statement of claim and originating application were struck out because the pleadings failed to disclose with sufficient precision the factual and legal bases for direct discrimination, indirect discrimination, and victimisation claims, causing prejudice and uncertainty for the respondents, but the applicant was granted liberty to re-plead with the assistance of a lawyer and certification under the court rules.

Court Disposition

Originating application and statement of claim struck out with liberty to re-plead; applicant ordered to pay costs of interlocutory application; proceeding stood over for further mention.

Orders

  • The Originating Application and Statement of Claim be struck out pursuant to r 16.21 of the Federal Court Rules 2011 (Cth).
  • Applicant has liberty to file and serve a Further Statement of Claim certified by a lawyer in accordance with r 16.01(c) of the Federal Court Rules 2011 (Cth) by 2 June 2020.