Render v Former Commonwealth Police Commissioner (Whitrod)

Render v Former Commonwealth Police Commissioner (Whitrod)

The English courts have no jurisdiction over alleged torts committed in Australia, and the claim discloses no reasonable cause of action; the proceedings are an abuse of process.

Parties
Appellant: Karin Render; Respondent: Raymond Whitrod
Jurisdiction
England and Wales
Judgment Date
23 November 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application refused
Legal Topics
Jurisdiction, Abuse of Process, Striking Out Claims
Civil Procedure Jurisdiction Abuse of Process Striking Out Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Karin Render

Appellant

Raymond Whitrod

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the English courts have jurisdiction over alleged torts committed in Australia
  2. 2 Whether the claim discloses a reasonable cause of action
  3. 3 Whether the proceedings are an abuse of process

Ratio Decidendi

The English courts have no jurisdiction over alleged torts committed in Australia, and the claim discloses no reasonable cause of action; the proceedings are an abuse of process.

Court Disposition

application refused

Orders

  • Application for permission to appeal refused.