Cameron v Qantas Airways Ltd [2011] NSWCA 258

Cameron v Qantas Airways Ltd [2011] NSWCA 258

There was no rational ground to conclude error by the primary judge; the amended statement of claim remained deficient despite prior indulgences, so leave to appeal was dismissed with costs.

Parties
Applicant: Rita Cameron; First Respondent: Qantas Airways Ltd; Second Respondent: Stephen J Walker t/as Walker Legal
Jurisdiction
Australia
Judgment Date
26 August 2011
Procedural Posture
Civil / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Appeal, Striking Out Pleadings, Leave to Replead
Civil Procedure Appeal Striking Out Pleadings Leave to Replead

Case Brief

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Parties

Rita Cameron

Applicant

Qantas Airways Ltd

First Respondent

Stephen J Walker t/as Walker Legal

Second Respondent

Procedural Posture

Civil / Application for Leave to Appeal

Legal Issues

  1. 1 Whether Latham J erred in striking out amended statement of claim and declining leave to replead
  2. 2 Whether there were sufficient grounds for granting leave to appeal

Ratio Decidendi

There was no rational ground to conclude error by the primary judge; the amended statement of claim remained deficient despite prior indulgences, so leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Application for leave to appeal dismissed with costs.
  • Exhibit A to be returned to Ms Cameron.