KRNJIC v Bunnings Group Ltd

The applicant, KRNJIC, brought proceedings against the respondent, Bunnings Group Ltd, alleging breaches of human rights. The respondent sought to have the proceeding summarily dismissed or the statement of claim struck out. The Federal Circuit Court of Australia, presided over by Judge Wilson, considered these interlocutory applications.

The primary legal issues before the Court were whether the applicant's statement of claim, including an amended version, was sufficiently particularised to allow the respondent to properly respond and whether the proceeding should be summarily dismissed or the statement of claim struck out due to a lack of particulars and its ambit nature. The Court also considered the fairness of summarily dismissing the proceeding, particularly given the applicant's status as a litigant in person who had experienced periods without legal assistance.

Judge Wilson determined that summarily dismissing the proceeding would be wholly unfair and unjust. The Court reasoned that while global claims for damages are undesirable as they hinder a respondent's ability to make appropriate offers of compromise or Calderbank offers, the applicant, as a litigant in person facing disadvantages, should be afforded an opportunity to rectify the deficiencies. Consequently, the Court dismissed the respondent's application to summarily dismiss the proceeding or strike out the statement of claim. Instead, the applicant was ordered to file and serve a new statement of claim that provided proper particulars of their asserted losses.