Cameron v Qantas Airways Ltd & Anor. [2011] NSWSC 178

Cameron v Qantas Airways Ltd & Anor. [2011] NSWSC 178

The statement of claim is legally embarrassing, unintelligible, ambiguous, vague, too general, and fails to appreciate the limited nature of the present proceedings. No factual foundation is provided for serious allegations. No prospect exists of the plaintiff filing an adequate statement of claim, justifying summary dismissal without leave to replead.

Jurisdiction
Australia
Judgment Date
25 February 2011
Procedural Posture
Civil / Application to Strike Out Statement of Claim
Outcome
Statement of claim struck out and proceedings summarily dismissed; no leave to replead; costs reserved for later determination.
Legal Topics
['application to Strike Out Pleadings' 'embarrassing Pleadings' 'leave to Replead']
['civil Procedure'] ['application to Strike Out Pleadings' 'embarrassing Pleadings' 'leave to Replead']

Case Brief

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Procedural Posture

Civil / Application to Strike Out Statement of Claim

Legal Issues

  1. 1 ['Whether the statement of claim should be struck out for being unintelligible, ambiguous, vague, and too general' 'Whether leave should be granted to replead']

Ratio Decidendi

The statement of claim is legally embarrassing, unintelligible, ambiguous, vague, too general, and fails to appreciate the limited nature of the present proceedings. No factual foundation is provided for serious allegations. No prospect exists of the plaintiff filing an adequate statement of claim, justifying summary dismissal without leave to replead.

Court Disposition

Statement of claim struck out and proceedings summarily dismissed; no leave to replead; costs reserved for later determination.

Orders

  • ['Statement of claim filed 22 September 2010 struck out against the first defendant and against the second defendant pursuant to Part 14, rule 14.28 of the Uniform Civil Procedure Rules 2005.' 'Leave not granted to the plaintiff to replead.' 'Costs reserved, leave to revisit costs granted to parties.']