Gunawardena v Boeing Aerostructures Australia Pty Ltd (Strike-out Application)

Gunawardena, the plaintiff, brought an action against Boeing Aerostructures Australia Pty Ltd, the defendant, in the Federal Court. The plaintiff, self-represented, filed a statement of claim that was extensive, discursive, and lacked clarity in articulating the material facts necessary for the defendant to adequately respond. The defendant applied to strike out the statement of claim in its entirety on the grounds that it failed to provide fair notice of the case to be advanced at trial and contained incoherent aspects.

The court was required to determine whether the statement of claim met the necessary standards of pleadings. The court examined whether the plaintiff had complied with the fundamental purpose of pleadings, which includes providing a fair notice of the case to be advanced at trial and ensuring that the material facts are alleged with sufficient particularity. The court also assessed whether the inclusion of "common questions of fact and law" was appropriate in this proceeding and whether the plaintiff's reliance on a previous decision concerning group proceedings was misconceived.

The court concluded that the statement of claim did not meet the required standards. It found that the plaintiff had included imprecise and irrelevant "common questions of fact and law" that did not relate to a pleaded cause of action and were inappropriate for this proceeding. The court further found that the statement of claim was incoherent in parts, failing to clearly articulate the plaintiff's case. As a result, the court struck out the statement of claim in its entirety and granted the plaintiff an opportunity to replead.

The court ordered that the statement of claim be struck out and provided the plaintiff with a deadline to file and serve an amended statement of claim. A case management hearing was scheduled to ensure that the matter could progress appropriately. The costs of the interlocutory application and the hearing were reserved for further determination.