| Do Not Send for Reporting | ||
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
COMMON LAW DIVISION
MAJOR TORTS LIST
S CI 2011 6715
| ANDREW KARL KNORR | Plaintiff |
| v | |
| COMMONWEALTH SCIENTIFIC AND INDUSTRIAL RESEARCH ORGANISATION (CSIRO) COMMONWEALTH OF AUSTRALIA BORAL TIMBER (BORAL LIMITED) (ACN 008 421 761) UNIVERSITY OF TASMANIA ARBN 055 647 848 (UTAS) MALLESONS STEPHEN JAQUES (MALLESONS) FOREST AND WOOD PRODUCTS AUSTRALIA LIMITED (ACN 127 114 185) (FWPA) MBAC CONSULTING GROUP PTY LTD STATE OF VICTORIA (STATE) | First Defendant Third Defendant Fourth Defendant Fifth Defendant Sixth Defendant Seventh Defendant Eighth Defendant Ninth Defendant |
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JUDGE: | BEACH J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 2 November 2012 | |
DATE OF JUDGMENT: | 12 November 2012 | |
CASE MAY BE CITED AS: | Knorr v CSIRO & Ors (No 3) | |
MEDIUM NEUTRAL CITATION: | [2012] VSC 529 | |
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PRACTICE AND PROCEDURE – Pleadings – Statement of Claim – Prolix pleadings – Pleading likely to delay the fair trial of the proceeding – Manifestly defective pleading – Whether proceeding should be dismissed – Whether any prospects of a fair trial on plaintiff’s pleadings – Application to file and serve a further amended statement of claim refused – Application to join an additional plaintiff refused – Plaintiff’s proceeding dismissed.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | In person | |
| For the First Defendant | Mr J.P. Slattery | Clayton Utz |
| For the Third Defendant | Ms E. Strong SC | Australian Government Solicitor |
| For the Fourth Defendant | Ms C Van Proctor | Ashurst Australia |
| For the Fifth Defendant | Mr R.H.M. Attiwill | Perry Maddocks Trollope |
| For the Sixth Defendant | Mr J.S. Mereine | King & Wood Mallesons |
| For the Seventh Defendant | Mr D.A Klempfner | Colin Biggers & Paisley |
| For the Eighth Defendant | Mr C Forster | Moray & Agnew |
| For the Ninth Defendant | Ms R.L. Enbom | Victorian Government Solicitor’s Office |
HIS HONOUR:
Introduction
This proceeding was issued on 12 December 2011. The statement of claim endorsed on the writ contained 378 paragraphs. On 9 March 2012, I struck out the plaintiff’s statement of claim.[1] I did so because the statement of claim was manifestly defective,[2] it failing to comply with any of the ordinary rules of pleading.
[2]Ibid [12].
In striking out the plaintiff’s statement of claim, I concluded that:
(a)permitting a trial to proceed on the basis of it (the statement of claim as then pleaded) would undoubtedly prejudice, embarrass and delay the fair trial of the proceeding;
(b)there had been a general failure throughout the pleading to supply dates and plead acts or omissions with sufficient particularity to enable the defendants to know the various cases made against them;
(c)there were paragraphs which did not plead material facts – but rather, attempted to plead in an anticipatory way matters which might defeat defences, which may or may not have been taken by a particular defendant;
(d)many of the sentences in the statement of claim were no more than…
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- AGLC
- Knorr v CSIRO (No 3) [2012] VSC 529
- Case
- [2012] VSC 529
- Decision Date
CaseChat Overview and Summary
The court examined whether the Statement of Claim was not only prolix but also manifestly defective. It considered whether the pleadings were so flawed that the proceeding should be dismissed outright. The court assessed the likelihood of a fair trial being conducted based on the plaintiff's pleadings, weighing the potential delays and inefficiencies against the possibility of rectifying the defects through further amendments. The court concluded that the Statement of Claim was excessively detailed and likely to cause significant delays, rendering it manifestly defective.
Following this analysis, the court refused Knorr's applications to file and serve a further amended Statement of Claim and to join an additional plaintiff. The court found that the defects in the pleadings were too substantial to be remedied and that allowing further amendments or additional plaintiffs would not address the fundamental issues with the proceeding. Consequently, the court dismissed Knorr's proceeding, considering that a fair trial could not be achieved under the circumstances presented. The decision underscored the importance of concise and relevant pleadings in ensuring the efficient and fair administration of justice.
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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