Adler v Ludlam; Adler v Waters

[2018] HCATrans 158

[2018] HCATrans 158

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S226 of 2017

B e t w e e n -

DAVID ADLER

Plaintiff

and

SCOTT LUDLAM

Defendant

Office of the Registry
  Sydney  No S227 of 2017

B e t w e e n -

DAVID ADLER

Plaintiff

and

LARISSA JOY WATERS

Defendant

GORDON J

TRANSCRIPT OF PROCEEDINGS

FROM MELBOURNE BY VIDEO LINK TO SYDNEY

ON WEDNESDAY, 22 AUGUST 2018, AT 9.30 AM

Copyright in the High Court of Australia

____________________

HER HONOUR:   On 1 September 2017, the plaintiff filed a statement of claim, indorsed on a writ of summons in each of these matters, claiming relief pursuant to the Common Informers (Parliamentary Disqualifications) Act 1975 (Cth). The defendants sought to have each statement of claim struck out on the basis that they did not disclose a cause of action or otherwise that the proceeding be stayed or dismissed.

The matters initially came on before the Court on 11 July 2018.  On 18 July 2018, the plaintiff filed further written submissions, together with a draft proposed amended statement of claim which the plaintiff sought leave to file.

Pursuant to rule 27.09.4 of the High Court Rules 2004 (Cth), I would dismiss each proceeding with costs. I publish my reasons.

In matter number S226 of 2017, the order of the Court is:

1.Pursuant to rule 27.09.4 of the High Court Rules 2004 (Cth), the proceeding is dismissed.

2.        The plaintiff pay the defendant’s costs.

I publish that order.

In matter number S227 of 2017, the order of the Court is:

1.Pursuant to rule 27.09.4 of the High Court Rules 2004 (Cth), the proceeding is dismissed.

2.        The plaintiff pay the defendant’s costs.

I publish that order.

AT 9.31 AM THE MATTERS WERE CONCLUDED