11 Jun 2024
The statement of claim was struck out and the appeal dismissed because it failed to disclose any reasonable cause of action by omitting essential particulars, the defects were irremediable given plaintiff's repeated failures to provide particulars, and the newly tendered evidence was inadmissible on appeal for being irrelevant, untimely or unreliable.
29 Mar 2017
The statement of claim failed to disclose a reasonable cause of action because it did not plead how the respondent's alleged negligence caused psychiatric or other damage, lacked the medical evidence required for a psychiatric personal injury claim, and was therefore frivolous/vexatious and an abuse of process; the application to adduce new evidence on appeal failed to meet the criteria, so the appeal is dismissed and costs awarded to the respondent on an indemnity basis.
15 Jul 1992
The Court of Appeal dismissed the appeal and affirmed the strike out because the pleaded materials did not disclose any identifiable cause of action, were frivolous and vexatious and amounted to an abuse of process, such that the claim had no realistic prospect and could not be properly formulated for trial.