Comprite P/L v. Returned & Services League of Australia (Queensland Branch)

Comprite P/L brought an action against the Returned and Services League of Australia (Queensland Branch), alleging that the defendant had breached their contract. The defendant responded with a counter-claim, which the plaintiff sought to have struck out on the grounds of abuse of process, arguing that the counter-claim was prejudicial and embarrassing. The court was required to determine whether the counter-claim constituted an abuse of process and whether it should be struck out. The court found that the counter-claim did indeed constitute an abuse of process, as it was vexatious, oppressive and an abuse of the court's process. The court also found that the counter-claim was prejudicial and embarrassing, and that it would be appropriate to strike it out. The court ordered that the counter-claim be struck out and that the defendant pay the plaintiff's costs of and incidental to the application to be assessed on the standard basis. This decision highlights the importance of ensuring that counter-claims are not an abuse of process and that they do not cause unnecessary prejudice or embarrassment to the plaintiff.