FEDERAL CIRCUIT COURT OF AUSTRALIA
| CHRISTIE v WOOLWORTHS LIMITED | [2015] FCCA 2211 |
| Catchwords: INDUSTRIAL LAW – Application by respondent to strike out applicant’s amended statement of claim and to summarily dismiss the proceedings – duty of Court where litigant self-represented. |
| Legislation: Fair Work Act 2009, ss.369, 340, 343, 351, 345, 341(1) Federal Circuit Court Rules 2001, ss.45.06, 45.08, 43(2) |
| Applicant: | JUSTIN CHRISTIE |
| Respondent: | WOOLWORTHS LIMITED |
| File Number: | MLG 1627 of 2014 |
| Judgment of: | Judge Jones |
| Hearing date: | 6 July 2015 |
| Date of Last Submission: | 6 July 2015 |
| Delivered at: | Melbourne |
| Delivered on: | 17 August 2015 |
REPRESENTATION
| Solicitors for the Applicant: | Self-Represented |
| Counsel for the Respondent: | Mr Connolly |
| Solicitors for the Respondent: | Workplace Law & Consulting |
ORDERS
Paragraphs 1, 2, 3, 4, 6, 12.1 and 13.1 of the applicant’s Amended Statement of Claim filed on 13 February 2105 be struck out.
Otherwise, the respondent’s Application in a Case filed on 27 February 2015 be dismissed.
The applicant file and serve an affidavit on or before 14 September 2015.
The respondent file its defence on or before 5 October 2015.
The parties attend mediation to be conducted by a Registrar of this Court as soon as practicable.
The proceeding is adjourned for Mention on 4 February 2016 at 9.30am.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT MELBOURNE |
MLG 1627 of 2014
| JUSTIN CHRISTIE |
Applicant
And
| WOOLWORTHS LIMITED |
Respondent
REASONS FOR JUDGMENT
Introduction
By an Application in a Case filed on 27 February 2015, the respondent seeks orders that:
(1)Pursuant to rule 16.21(1) of the Federal Court Rules 2001 the entire pleadings filed by the applicant on 13 February 2015 be struck out and removed from the Court file on the grounds identified in the correspondence attached and to be further submitted to the Court at the hearing of this application.
(2)Pursuant to rule 13.10 of the Federal Circuit Court Rules 2001 the proceeding be summarily dismissed in its entirety.
The…
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- Case
- [2015] FCCA 2211
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the applicant's amended Statement of Claim, as it stood, disclosed a reasonable cause of action. This involved considering the distinction between defects in pleadings, which are typically addressed by striking out specific paragraphs under rules like Rule 13.10, and the substantive merits of a claim, which might lead to summary dismissal under provisions such as section 31A of the relevant Act. The court was required to determine if any of the pleaded paragraphs failed to articulate a valid legal claim, thereby lacking a reasonable prospect of success.
The court reasoned that the exercise of powers to summarily terminate proceedings must be approached with caution, requiring a high degree of certainty about the ultimate outcome if the matter were to proceed to trial. It noted that while evidence might suggest a reasonable cause of action, the pleading itself might not disclose it, justifying the striking out of the pleading without necessarily dismissing the entire proceeding. The court applied the principle that summary dismissal is appropriate only when there is no "real" question to be tried, and that the applicant must have more than a "fanciful" prospect of success. The court concluded that paragraph 8 of the amended Statement of Claim did disclose a reasonable cause of action, but other specified paragraphs did not.
Accordingly, the court ordered that paragraphs 1, 2, 3, 4, 6, 12.1, and 13.1 of the applicant’s amended Statement of Claim be struck out.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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