ROBERTSON V. THE COMMONWEALTH OF AUSTRALIA & ANOR. 64/1985

ROBERTSON V. THE COMMONWEALTH OF AUSTRALIA & ANOR. 64/1985

The statement of claim did not disclose a reasonable cause of action, as there is no cause of action in 'anarchy' known to the law in Australia; thus, the action should be dismissed.

Parties
Appellant: Robertson; Respondents: The Commonwealth of Australia & Anor
Jurisdiction
Australia
Judgment Date
03 September 1985
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs, including reserved costs.

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 2 Party arguments 2
Sign in to unlock

Parties

Robertson

Appellant

The Commonwealth of Australia & Anor

Respondents

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the statement of claim disclosed a reasonable cause of action
  2. 2 Whether the appellant should be permitted to replead the statement of claim

Ratio Decidendi

The statement of claim did not disclose a reasonable cause of action, as there is no cause of action in 'anarchy' known to the law in Australia; thus, the action should be dismissed.

Court Disposition

Appeal dismissed with costs, including reserved costs.

Orders

  • Appeal dismissed with costs, including reserved costs.