Brian Neville Mayfield and Marlene Theresa Mayfield (ATF B and M Mayfield Superannuation Fund) v P and B Corporation Pty Ltd (ATF North Cape Development Trust)

The case involved the Mayfields, who sought to strike out part of the statement of claim brought by P and B Corporation. The parties had previously been involved in a dispute over the terms of a trust deed. The case was heard in the Supreme Court of Queensland. The Mayfields contended that part of the statement of claim was insufficient to establish a cause of action and that some allegations were embarrassing. The legal issues before the court were whether the statement of claim was sufficient in law to disclose a reasonable cause of action and whether some allegations were embarrassing.

The court found that the statement of claim was insufficient to establish a cause of action, as it did not contain sufficient facts to support the allegations made. The court also found that some of the allegations were embarrassing, as they were based on assumptions and speculation rather than established facts. The court held that the application to strike out was successful in part, as some of the allegations were not supported by sufficient evidence. The court did not strike out the entire statement of claim, as it found that other allegations were supported by evidence and could proceed to trial. The court ordered that part of the statement of claim be struck out, and the case proceeded to trial on the remaining allegations.