Hoang v Euroa Community Health Centre [2014] NSWCA 222

Hoang v Euroa Community Health Centre [2014] NSWCA 222

The statement of claim and amended statement of claim filed by the applicant disclosed no arguable or coherent cause of action; accordingly, the decision to strike out the statement of claim and dismiss the proceedings was correct and no grounds were found to warrant granting leave to appeal.

Jurisdiction
Australia
Judgment Date
08 July 2014
Procedural Posture
Application for Leave to Appeal / Leave to Appeal – Dismissed
Outcome
Leave to appeal dismissed with costs
Legal Topics
['striking Out of Pleadings' 'dismissal of Proceedings' 'leave to Appeal']
['civil Procedure'] ['striking Out of Pleadings' 'dismissal of Proceedings' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal – Dismissed

Legal Issues

  1. 1 ['Whether the statement of claim disclosed any coherent cause of action' 'Whether leave to appeal should be granted']

Ratio Decidendi

The statement of claim and amended statement of claim filed by the applicant disclosed no arguable or coherent cause of action; accordingly, the decision to strike out the statement of claim and dismiss the proceedings was correct and no grounds were found to warrant granting leave to appeal.

Court Disposition

Leave to appeal dismissed with costs

Orders

  • ['The summons seeking leave to appeal is dismissed with costs.']