Peter (Pedro) Le v Commonwealth of Australia [2011] NSWSC 1242

Peter (Pedro) Le v Commonwealth of Australia [2011] NSWSC 1242

The plaintiff's statement of claim does not disclose any reasonable cause of action and is unintelligible, preventing the defendants from understanding the case they must meet; the Court therefore dismissed the statement of claim under UCPR 13.4(1)(b) and UCPR 14.28(1)(a).

Jurisdiction
Australia
Judgment Date
25 October 2011
Procedural Posture
Civil / Final Judgment Application to Dismiss Statement of Claim
Outcome
Statement of claim dismissed
Legal Topics
['dismissal of Statement of Claim' 'reasonable Cause of Action' 'abuse of Process' 'frivolous or Vexatious Proceedings']
['civil Procedure'] ['dismissal of Statement of Claim' 'reasonable Cause of Action' 'abuse of Process' 'frivolous or Vexatious Proceedings']

Case Brief

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Procedural Posture

Civil / Final Judgment Application to Dismiss Statement of Claim

Legal Issues

  1. 1 ["Does the plaintiff's statement of claim disclose any reasonable cause of action?" 'Are the proceedings frivolous or vexatious or an abuse of process?']

Ratio Decidendi

The plaintiff's statement of claim does not disclose any reasonable cause of action and is unintelligible, preventing the defendants from understanding the case they must meet; the Court therefore dismissed the statement of claim under UCPR 13.4(1)(b) and UCPR 14.28(1)(a).

Court Disposition

Statement of claim dismissed

Orders

  • ['The statement of claim filed on 3 June 2011 is dismissed' 'Costs of the second defendant are reserved']