Higgins v Australian Capital Territory

The plaintiffs, Higgins, instituted proceedings against the Australian Capital Territory and the City Services Group. The plaintiffs sought various orders, including injunctive relief, declarations, and damages, in relation to the defendants' alleged failure to provide adequate notice of proposed development works. The defendants each filed applications to strike out portions of the plaintiffs' statement of claim, arguing that it lacked a proper basis for the relief sought. The case was heard in the Federal Court of Australia.

The court had to determine whether the plaintiffs' statement of claim provided a proper basis for the relief sought against each defendant and whether the plaintiffs were entitled to amend their statement of claim. The court considered whether the plaintiffs had an arguable case against the City Services Group, and if so, whether the plaintiffs should be given leave to replead. The court also examined whether the plaintiffs had a proper basis for seeking injunctive or declaratory relief against the Australian Capital Territory.

The court found that the plaintiffs' statement of claim did not provide a proper basis for the relief sought against the Australian Capital Territory, as there was no arguable case for injunctive or declaratory relief. However, the court found that there was an arguable claim against the City Services Group. The court granted the plaintiffs leave to amend their statement of claim to address the deficiencies identified. The court struck out the claims against the Australian Capital Territory but allowed the claims against the City Services Group to proceed.

The orders of the court were that the claims against the Australian Capital Territory be struck out, while the claims against the City Services Group were to be allowed to proceed. The plaintiffs were granted leave to amend their statement of claim to address the deficiencies identified by the court. The defendants were ordered to pay the plaintiffs' costs of the application to the extent of two-thirds.