Licciardi v Decor Blinds Pty Ltd

[1993] QCA 55

[1993] QCA 055

COURT OF APPEAL

FITZGERALD P
BYRNE J

Appeal No 26 of 1993

JOSEPH LICCIARDI

and

DECOR BLINDS PTY LTD

BRISBANE

..DATE 25/02/93

THE PRESIDENT: This is an application for leave to appeal against an order made in the District Court on 15 October 1992 dismissing an application by the appellant to strike out the respondent’s statement of claim. Leave to appeal may only be granted if “some important question of law or justice is involved”: subsection 92(2) District Courts Act.

The principles to be applied on an application to strike out a statement of claim have long been authoritatively established and need no further refinement by this Court on this occasion.  That being said, there has simply been the application of those principles to the circumstances of this case involving an exercise of discretion on behalf of the District Court Judge.  There is nothing of particular importance to be debated at an appellate level or in the words of the section, no “important question of law or justice is involved”.

It should be added that the submission made on behalf of the applicant that if the order had been made it would have finally disposed of the action is not, im my opinion, correct.  It is quite likely that if the order sought by the applicant had been made there would have been leave to re-plead.

In the circumstances, I would dismiss the application with costs to be taxed.

BYRNE J: I agree.

THE PRESIDENT: The order of the Court is application dismissed with costs to be taxed.