Coronis v Jilt Pty Ltd
Case
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[2009] QDC 314
•6 October 2009
Details
AGLC
Case
Decision Date
Coronis v Jilt Pty Ltd [2009] QDC 314
[2009] QDC 314
6 October 2009
CaseChat Overview and Summary
In the matter of Coronis v Jilt Pty Ltd, the District Court of Queensland was tasked with determining whether certain parts of the plaintiff's statement of claim should be struck out. The plaintiff, self-represented, had filed multiple pleadings over time, attempting to frame additional or alternative causes of action. The defendants sought to have parts of the latest statement of claim struck out, arguing that the plaintiff had failed to demonstrate the legal significance of the alleged facts and had not properly pleaded a cause of action. Additionally, the defendants argued that limits should be placed on the plaintiff's ability to re-plead.
The court considered whether the plaintiff was required to plead the legal significance of the alleged facts and whether the current pleadings provided for a cause of action. The court also evaluated whether limits should be imposed on the plaintiff's re-pleading in light of the many previous pleadings made. The court found that certain paragraphs of the plaintiff's statement of claim were vague and did not sufficiently explain the legal basis of the claims, and thus struck them out. The court also ordered the plaintiff to provide particulars of her claims for damages and added the second defendant as a party to the action, allowing both defendants an opportunity to file amended defences.
In summary, the court struck out certain paragraphs of the plaintiff's statement of claim, ordered the plaintiff to provide particulars of her claims for damages, added the second defendant as a party to the action, and granted the defendants liberty to deliver amended defences. The court also ordered the defendants to be paid two-thirds of their costs of and incidental to the hearing of the cross-applications.
The court considered whether the plaintiff was required to plead the legal significance of the alleged facts and whether the current pleadings provided for a cause of action. The court also evaluated whether limits should be imposed on the plaintiff's re-pleading in light of the many previous pleadings made. The court found that certain paragraphs of the plaintiff's statement of claim were vague and did not sufficiently explain the legal basis of the claims, and thus struck them out. The court also ordered the plaintiff to provide particulars of her claims for damages and added the second defendant as a party to the action, allowing both defendants an opportunity to file amended defences.
In summary, the court struck out certain paragraphs of the plaintiff's statement of claim, ordered the plaintiff to provide particulars of her claims for damages, added the second defendant as a party to the action, and granted the defendants liberty to deliver amended defences. The court also ordered the defendants to be paid two-thirds of their costs of and incidental to the hearing of the cross-applications.
Details
Key Legal Topics
Areas of Law
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Civil Litigation & Procedure
Legal Concepts
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Appeal
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Jurisdiction
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Discovery & Disclosure
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Res Judicata
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Compensatory Damages
Actions
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Citations
Coronis v Jilt Pty Ltd [2009] QDC 314
Most Recent Citation
Watney v Kencian and Wooley [2014] QDC 290
Cases Citing This Decision
6
ACM Group Ltd v Jenner
[2014] QMC 7
Watney v Kencian and Wooley
[2014] QDC 290
Coronis v Jilt Pty Ltd
[2012] QCA 66
Cases Cited
16
Statutory Material Cited
1
Legal Services Commissioner v Bradshaw
[2009] QCA 126
Neil v Nott
[1994] HCA 23
Uszok v Henley Properties (NSW) Pty Ltd
[2007] NSWCA 31