Diaz v Schlumberger Australia Pty Ltd [No 2]

Diaz commenced proceedings against Schlumberger Australia Pty Ltd in the Federal Circuit Court, seeking to recover unpaid wages and damages for various breaches of employment laws. Schlumberger filed an application to strike out parts of Diaz's statement of claim, arguing that it was vague and uncertain, and subsequently moved for an extension of time to file a response to the proceedings. Diaz filed an appeal against the primary judge's decision to dismiss his claim and sought an extension of time within which to lodge that appeal. Schlumberger opposed Diaz's application for an extension of time, arguing that Diaz had not demonstrated any special circumstances justifying an extension.

The Court considered the nature of the appeal, the legal issues raised by the application to strike out, and the requirements for an extension of time. The Court found that Diaz had not demonstrated any special circumstances justifying an extension of time to appeal. Furthermore, the Court found that paragraphs 4 to 9 of the plaintiff's substituted statement of claim were vague and uncertain and did not comply with the requirements of the Federal Circuit Court Rules. The Court also found that the substituted statement of claim as a whole was vague and uncertain and did not disclose a reasonable cause of action. The Court ordered that the substituted statement of claim be struck out and that judgment be entered for the defendant.

The Court found that Diaz had not demonstrated any special circumstances justifying an extension of time to appeal. The Court also found that the plaintiff's substituted statement of claim was vague and uncertain and did not comply with the requirements of the Federal Circuit Court Rules. The Court ordered that paragraphs 4 to 9 of the substituted statement of claim be struck out and that the substituted statement of claim be struck out in its entirety. The Court further ordered that judgment be entered for the defendant.