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Strike out application against plea of negligence in statement of claim; not appropriate to strike out the plaintiff’s pleading on the ground that it does not disclose a reasonable cause of action; minor wording struck out otherwise application dismissed with costs: McGill SC DCJ.
Primary Judgment
[2011] QDC 60
28 Apr 2011
Application to strike out proceeding for want of prosecution; absence of material to support case, no explanation for delay, unfairness of trial based on memory of events from 1990's, irregular steps and breach of r 5; application granted dismissing the proceeding: Andrews SC DCJ.
Appeal Determined (QCA)
[2007] QCA 401
16 Nov 2007
Application for leave to appeal refused with costs; seeking leave to appeal refusal of strike out application against negligence plea in statement of claim; causation sufficiently pleaded by asserting with knowledge of vulnerability and reliance, duty of care was breached by saying something that directly harmed the plaintiff: McMurdo P, Jerrard and Holmes JJA (Jerrard JA dissenting).
Appeal Status
Appeal Determined (QCA)
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