Laing v Lowe

The proceedings before the High Court of Australia involved an application by the fifth defendant to strike out a writ and statement of claim. The plaintiff, Mr. R.N. Laing, appeared in person, representing himself in the action against Percy Lowe, Noel McEvoy, the State of Queensland, David John McCaffery (Deputy Registrar and Marshal of the Supreme Court of Queensland), and Andrew Van-Der Berghe. The second, third, and fourth defendants were represented by the Crown Solicitor for Queensland.

The primary legal issue before the Court was whether the writ and statement of claim should be struck out. This application was brought by the fifth defendant, supported by an affidavit from Anthony John O'Dwyer. Mr. Laing, representing himself, expressed concerns about the procedural fairness of the application, particularly regarding the late service of the supporting affidavit, and asserted that he had incurred significant costs in bringing the matter to the High Court.

The Court considered the plaintiff's submission that the matter should proceed in the High Court to allow him to prove allegations of dishonesty against certain defendants, whom he claimed had defrauded his company. Mr. Laing indicated his intention to subpoena witnesses and pursue the charges he had brought. The Court acknowledged Mr. Laing's right to seek an adjournment if the contents of the affidavit required further time for him to prepare his response.