JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: GABLE -v- QUIGLEY MLA LLB JP [2019] WADC 151
CORAM: BURROWS DCJ
HEARD: 23 OCTOBER 2019
DELIVERED : 1 NOVEMBER 2019
FILE NO/S: CIV 708 of 2019
BETWEEN: DAMON GENE GABLE
Plaintiff
AND
HONOURABLE JOHN QUIGLEY MLA LLB JP
First Defendant
WEST AUSTRALIA POLICE SERVICE t/as WEST AUSTRALIA POLICE SERVICE
Second Defendant
Catchwords:
Practice and procedure - Rules of the Supreme Court 1971 (WA) O 20 r 19 - Strike out - Writ and statement of claim - No reasonable cause of action - Appeal from registrar - Incomprehensible pleadings
Legislation:
The District Court Rules 2005 (WA), r 15
Road Traffic Act 1974 (WA), s 66, s 67, s 71
Rules of the Supreme Court 1971 (WA), O 20 r 19(1)
Result:
The appeal be dismissed
Representation:
Counsel:
| Plaintiff | : | In person |
| First Defendant | : | Ms S J Keighery |
| Second Defendant | : | Ms S J Keighery |
Solicitors:
| Plaintiff | : | Not applicable |
| First Defendant | : | State Solicitor's Office |
| Second Defendant | : | State Solicitor's Office |
Case(s) referred to in decision(s):
Culleton v Permanent Custodians Ltd [2018] WASC 251
Gable v Director of Public Prosecutions for WA [2019] WADC 104
Gable v Quigley MLA LLB JP [2019] WADC 117
Glew v Frank Jasper Pty Ltd [2010] WASCA 87
Ibrahim v The Honourable Justice Carolyn Martin [2012] WASC 338
Smart v Prisoner Review Board (WA) [2012] WASC 48
BURROWS DCJ:
Background of proceedings
On 22 February 2019 the plaintiff Damon Gene Gable filed a writ of summons and statement of claim naming the Honourable John Quigley MLA LLB JP, West Australia Attorney General Office as first defendant and West Australia Police Service trading as West Australia Police Service as second defendant: CIV 708 of 2019.
Mr Gable's previous claim against these entities in CIV 3260 of 2018 was struck out on 6 November 2018 by Deputy Registrar Harman. An appeal against this decision heard before Braddock DCJ on 18 February 2019 was dismissed.[1]
[1] Gable v Director of Public Prosecutions for WA [2019] WADC 104.
On 13 March 2019 the State Solicitor's Office filed a memorandum of appearance for both defendants.
On 20 March 2019 the defendants filed a chamber summons seeking orders striking out the writ and statement of claim.
On 27 March 2019 the plaintiff filed a chamber summons. The plaintiff's application was heard at a special appointment before Registrar Kingsley on 29 March 2019. Registrar Kingsley made an order preserving the plaintiff's Nissan motor vehicle registration 1GAM 898 which is held by the Western Australian Police (preservation order).
On 8 May 2019 the plaintiff filed an amended statement of claim. The defendants maintained their strike‑out application.
On 8 August 2019 Deputy Registrar Hewitt heard the strike‑out application.
On 22 August 2019 the deputy registrar struck out the plaintiff's writ and statement of claim and dismissed the action.[2] He ordered that the preservation order be set aside unless the plaintiff filed an…
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- AGLC
- Gable v Quigley MLA LLB JP [2019] WADC 151
- Case
- [2019] WADC 151
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the registrar was correct in finding that Gable's writ and statement of claim did not disclose a reasonable cause of action. This involved an analysis of the sufficiency of the pleadings and whether they met the threshold of disclosing a cause of action that was not frivolous or vexatious. The court had to determine whether the pleadings were incomprehensible to the extent that a reasonable cause of action could not be discerned.
In delivering the judgment, the court found that the writ and statement of claim were indeed incomprehensible. The pleadings were so poorly drafted and contained such a plethora of errors that it was impossible to ascertain any legal basis for the claims. The court emphasised that while it is not the role of the court to assist parties with the drafting of their pleadings, the pleadings in this case were beyond the pale of acceptable legal documents. The court concluded that the registrar was correct in striking out the writ and statement of claim. As a result, the appeal was dismissed.
The final orders of the court were that Gable's appeal against the decision of the registrar was dismissed, and the costs of the appeal were to be borne by Gable. The writ and statement of claim were to remain struck out, and no further amendments were to be permitted.
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
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Ratio Decidendi
Legal Principle Established
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