Calin v The Greater Union Organisation Pty Limited

This matter came before the High Court of Australia concerning an application for special leave to appeal by the applicant, Georghita Calin, represented by her tutor, against the respondent, The Greater Union Organisation Pty Limited. The proceedings involved a summons seeking to strike out parts of the applicant's affidavit.

The primary legal issues before the Court were whether the applicant's affidavit complied with the rules of court, specifically Order 69A rule 4, and whether certain paragraphs, particularly paragraph 7, should be struck out due to non-compliance or other defects. The Court also considered the implications of the applicant's recent grant of legal aid and the anticipated filing of a further, more clearly formulated affidavit.

The Court noted that the applicant's legal representation had recently been secured through legal aid, and it was anticipated that a further affidavit would be filed to address the deficiencies. The respondent indicated they would not press grounds 1 and 2 of their summons, seeking instead an adjournment of those matters to link with the special leave application. However, the respondent pressed for paragraph 7 of the affidavit to be struck out, which the applicant did not oppose in its current form, though sought leave to re-file it in a proper form. The Court acknowledged the long history of inaction in the matter and the lack of objection to paragraph 7 until a later stage.

The Court made orders striking out paragraph 7 of the affidavit, with leave granted to the applicant to file a further affidavit in proper form. The remaining grounds of the summons were adjourned to be heard with the special leave application.