Burke v Hampton

[2012] QDC 343

[2012] QDC 343

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 3153 of 2010

DOMINIC BURKE	Plaintiff
and
WENDY HAMPTON and AQIS/MAFF	Defendant

BRISBANE

..DATE 31/10/2012

JUDGMENT

CATCHWORDS

Informal representations by the plaintiff following publication of court's reasons for striking out (fourth) statement of claim and staying the claim - court not dissuaded from making the orders foreshadowed.

HIS HONOUR:  For reasons published to the parties two weeks ago, the statement of claim of the plaintiff is struck out and the proceeding is stayed.  The defendant is ordered to pay the applicant/defendant's costs of their application to be assessed on the standard basis.

I ought to say that Mr Burke has sent a lengthy email to my associate for my attention.  In essence, it refers to other matters involving the second defendant which Mr Burke appears to be alleging represent similar instances involving organs of the second defendant to those he complains of in this proceeding, presumably as a kind of corroboration of his claim in a last ditch attempt to persuade me not to stay it, but rather to let him have his day in court.

The published reasons indicate that I'm not in any doubt about Mr Burke's genuineness, which is not to say he has a claim that deserves to succeed.  The orders made today don't involve any assessment of the merits, but visit on him what seem to me inevitable consequences of serious deficiencies in his process.

I've indicated the orders.

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