Cameron v Qantas Airways Ltd and Anor [2010] NSWSC 899

Cameron v Qantas Airways Ltd and Anor [2010] NSWSC 899

Justice required that Ms Cameron, as an unrepresented litigant, be given an opportunity to replead the case she actually wished to advance, but her current pleadings were unclear, confusing, contradictory and embarrassing, lacking a factual foundation for serious allegations. Because her non-compliance with the Rules caused the defendants to incur the costs of bringing and pursuing motions to which she effectively acceded before seeking leave that the defendants did not oppose, justice required her to bear the defendants' costs of those motions and the hearing, but not further costs for responses to pleadings where no defences had been filed.

Jurisdiction
Australia
Judgment Date
13 August 2010
Procedural Posture
Procedural and Other Rulings / Defendants' Motions to Strike Out Statement of Claim Under Part 14.28 of the Uniform Civil Procedure Rules 2005 and Plaintiff's Application for Leave to Further Amend Her Statement of Claim
Outcome
Plaintiff granted leave to amend her statement of claim and ordered to bear the defendants' costs of their motions and the hearing, as agreed or assessed.
Legal Topics
['strike Out Application' 'leave to Amend Pleadings' 'embarrassing Pleadings' 'unrepresented Litigant' 'costs Following the Event']
['civil Procedure' 'costs'] ['strike Out Application' 'leave to Amend Pleadings' 'embarrassing Pleadings' 'unrepresented Litigant' 'costs Following the Event']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Procedural and Other Rulings / Defendants' Motions to Strike Out Statement of Claim Under Part 14.28 of the Uniform Civil Procedure Rules 2005 and Plaintiff's Application for Leave to Further Amend Her Statement of Claim

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to further amend her statement of claim.' 'Whether the existing amended statement of claim was embarrassing, unintelligible, imprecise and ambiguous, and failed to disclose the material facts supporting serious allegations.' "Whether the plaintiff should bear the defendants' costs of their motions and the hearing."]

Ratio Decidendi

Justice required that Ms Cameron, as an unrepresented litigant, be given an opportunity to replead the case she actually wished to advance, but her current pleadings were unclear, confusing, contradictory and embarrassing, lacking a factual foundation for serious allegations. Because her non-compliance with the Rules caused the defendants to incur the costs of bringing and pursuing motions to which she effectively acceded before seeking leave that the defendants did not oppose, justice required her to bear the defendants' costs of those motions and the hearing, but not further costs for responses to pleadings where no defences had been filed.

Court Disposition

Plaintiff granted leave to amend her statement of claim and ordered to bear the defendants' costs of their motions and the hearing, as agreed or assessed.

Orders

  • ['Ms Cameron be granted leave to amend her statement of claim.' "Ms Cameron bear the defendants' costs of their motions and the hearing, as agreed or assessed."]