Beckmann v Ors

Kenneth Wilson Beckmann commenced proceedings against Natwest Markets Australia Limited, PRD Realty (Sunshine Coast) Pty Ltd and Laguna Realty, alleging that the defendants were negligent in their conduct in relation to the sale of certain properties. The defendants sought to have the action struck out on the basis that the evidence filed by Mr Beckmann failed to disclose a reasonable cause of action. The court was required to determine whether Mr Beckmann had produced admissible evidence to support his claims. The court found that Mr Beckmann's affidavit was defective, containing hearsay material and irrelevant information. Despite two opportunities to provide admissible evidence, Mr Beckmann failed to comply with the court's orders. The court held that the action should be struck out as there was no evidence to support the claims against the defendants. The court emphasised the importance of exercising caution when considering striking out an action, particularly when the plaintiff is self-represented. However, in this case, the court was satisfied that there was no prospect of success in the claims against the defendants based on the available evidence. The action was struck out.