Emmerton, R.A. v West, G.B. & Anor [1995] FCA 320

Emmerton, R.A. v West, G.B. & Anor [1995] FCA 320

Because neither the application nor the statement of claim disclosed any cause of action, the proceeding was dismissed. The Court also held that it had no jurisdiction in the present matter to make an interim award of damages, so the applicant's notice of motion for an interim sum did not need to be considered further.

Jurisdiction
Australia
Judgment Date
04 May 1995
Procedural Posture
Practice and Procedure / Notice of Motion for Interim Sum and Strike Out of Application and Statement of Claim
Outcome
The application and statement of claim were dismissed; the applicant was ordered to pay the respondents' costs of this proceeding to date; no order was made as to the costs of the earlier proceedings (NG 80/95).
Legal Topics
['interim Damages' 'strike Out' 'cause of Action' 'costs' 'jurisdiction']
['practice and Procedure'] ['interim Damages' 'strike Out' 'cause of Action' 'costs' 'jurisdiction']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Practice and Procedure / Notice of Motion for Interim Sum and Strike Out of Application and Statement of Claim

Legal Issues

  1. 1 ['Whether the application and statement of claim disclosed any cause of action.' 'Whether the Court had jurisdiction in the present matter to make an interim award of damages pending the outcome of the proceeding.' 'Whether the proceeding should be stood over pending possible pro bono legal assistance.' 'Whether the applicant should pay costs of this proceeding and costs of the earlier proceedings.']

Ratio Decidendi

Because neither the application nor the statement of claim disclosed any cause of action, the proceeding was dismissed. The Court also held that it had no jurisdiction in the present matter to make an interim award of damages, so the applicant's notice of motion for an interim sum did not need to be considered further.

Court Disposition

The application and statement of claim were dismissed; the applicant was ordered to pay the respondents' costs of this proceeding to date; no order was made as to the costs of the earlier proceedings (NG 80/95).

Orders

  • ['The application and statement of claim be dismissed.' 'The applicant pay the costs of the respondents of this proceeding to date.' 'There be no order as to the costs of the earlier proceedings (NG 80/95).']