Knorr v CSIRO & Ors (No 2)

Case [2012] VSC 268


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)

FOREST AND WOOD PRODUCTS RESEARCH AND DEVELOPMENT CORPORATION (FWPRDC)

COMMONWEALTH OF AUSTRALIA

BORAL TIMBER (BORAL LIMITED) (ACN 008 421 761)
and ALLEN TAYLOR & COMPANY LIMITED
(ACN 000 003 056)

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
(ACN 126 232 746) (MBAC)

STATE OF VICTORIA (STATE)

First Defendant

Second 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:

15 June 2012

DATE OF JUDGMENT:

20 June 2012

CASE MAY BE CITED AS:

Knorr v CSIRO & Ors (No 2)

MEDIUM NEUTRAL CITATION:

[2012] VSC 268

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PRACTICE AND PROCEDURE – Pleadings – Statement of Claim – Failure to plead material facts – Failure to properly particularise material facts – failing to plead or particularise fraud properly  – Pleading embarrassing – Pleading likely to delay the fair trial of the proceeding – Pleading manifestly defective – Supreme Court (General Civil Procedure) Rules 2005, rule 23.02.

PRACTICE AND PROCEDURE – Application for summary judgment – Whether proceeding has no real prospects of success – Whether proceeding has no real prospects of success against particular defendants – Supreme Court (General Civil Procedure) Rules 2005, rules 23.01 and 23.03 – Civil Procedure Act 2010, ss 62 and 63.

PRACTICE AND PROCEDURE – Amendment – Application to join additional plaintiff – Application to join company as additional defendant – Company not represented by a lawyer – Worldwide Enterprises Pty Ltd v Silberman & Anor (2010) 26 VR 595 applied.

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APPEARANCES:

Counsel Solicitors
For the Plaintiff In person
For the First Defendant Mr J.P. Slattery Clayton Utz
For the Second Defendant No appearance
For the Third Defendant Ms E. Strong SC with
Mr I. Horak
Australian Government Solicitor
For the Fourth Defendant Mr J.P. Moore 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 S. Krischock Moray & Agnew
For the Ninth Defendant Dr M.J. Collins SC with
Ms R.L. Enbom
Victorian Government Solicitor’s Office

HIS HONOUR:

Introduction

  1. This proceeding was issued on 12 December 2011.  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.

  1. 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…

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AGLC
Knorr v CSIRO & Ors (No 2) [2012] VSC 268
Case
[2012] VSC 268
Decision Date

CaseChat Overview and Summary

In Knorr v CSIRO & Ors, the plaintiff, Knorr, sought to bring a proceeding against the Commonwealth Scientific and Industrial Research Organisation (CSIRO) and two other defendants. The nature of the dispute was primarily about the adequacy of the plaintiff's statement of claim and the subsequent procedural applications, including an application for summary judgment and an application to amend the pleadings. The case was heard in the Supreme Court of Victoria.

The court was required to decide whether the plaintiff's statement of claim was adequate in pleading material facts, particularly those relating to fraud, and whether it was likely to delay the fair trial of the proceeding. Additionally, the court had to determine whether the proceeding had no real prospects of success against the defendants and whether there were any grounds for amending the pleadings to join an additional plaintiff or defendant.

In its reasoning, the court found that the plaintiff's statement of claim was materially defective, as it failed to properly plead and particularise certain material facts, including those relating to fraud. The court held that the pleadings were embarrassing and likely to delay the fair trial of the proceeding. Consequently, the court dismissed the proceeding as having no real prospects of success against the defendants. The court also found that there were no grounds for amending the pleadings to join an additional plaintiff or defendant, particularly since the company was not represented by a lawyer.

The final orders of the court were that the proceeding be dismissed with costs and that the application to amend the pleadings be dismissed. The court held that the plaintiff's failure to properly plead and particularise material facts, especially those related to fraud, was a significant deficiency that rendered the proceeding unviable. The court also noted that the application to join additional parties was not appropriate given the circumstances, particularly the lack of legal representation for the company.

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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