SUPREME COURT OF QUEENSLAND
CITATION:
McEwan v Merrin (Magistrate) & Ors [2023] QSC 6
PARTIES:
JULIE McEWAN
(plaintiff)
v
MAGISTRATE BELINDA MERRIN(first defendant)
AND
STATE OF QUEENSLAND
(second defendant)AND
CHIEF MAGISTRATE JANELLE BRASSINGTON
(third defendant)
AND
MAGISTRATE PETER SAGGERS
(fourth defendant)
AND
SUPREME COURT JUSTICE DAVID BODDICE
(fifth defendant)
FILE NO/S:
BS 450/2023
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court of Queensland at Brisbane
DELIVERED ON:
20 January 2023
DELIVERED AT:
Brisbane
HEARING DATE:
17 January 2023
JUDGE:
Brown J
ORDER:
The orders of the Court are that:
1. Leave to issue the claim and statement of claim is refused;
2. No orders as to costs.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PLEADINGS – GENERALLY – where the plaintiff’s claim and statement of claim was referred to the applications’ Judge pursuant to r 15 of the Uniform Civil Procedure Rules 1999 (Qld) – where the Court directed the Registrar to refuse to file the originating process without leave of the Court – where the plaintiff applied for leave to issue a claim and statement of claim - whether the statement of claim discloses a cause of action identified in the claim
Uniform Civil Procedure Rules 1999 (Qld) r 15
Equititrust Limited v Tucker and Others [2019] QSC 51, considered
Northern Territory v Mengel (1995) 185 CLR 307; [1995] HCA 65, considered
Walter v Premier of Queensland [2018] QSC 237, consideredCOUNSEL:
The plaintiff appeared on her own behalf
K L Pitman for the first, third and fourth defendants
SOLICITORS:
The plaintiff acted on her own behalf
K L Pitman for the first, third and fourth defendants
This is an application for leave to issue a claim and statement of claim by the plaintiff which she purported to file on 12 January 2023. On 19 January 2023 I made orders refusing leave and making no order as to costs and stated I would publish my reasons on 20 January 2023.
The plaintiff’s claim and statement of claim was referred to the applications’ Judge pursuant to r 15 of the Uniform Civil Procedure Rules 1999 (Qld) (‘UCPR’) and Justice Williams subsequently directed the Registrar to refuse to file the originating process without leave of the Court.
The plaintiff has filed an extensive pleading against a number of Magistrates, the Chief Magistrate and a Judge of this court as well as the State of Queensland claiming damages from each of the defendants for misfeasance in public office.
The plaintiff provided submissions to the court which were in two parts. The first part alleged that there was an abuse of process at the Court Registry when the court refused filing and misused r 15 of the UCPR which was continued when the matter was referred to Justice Williams, who ordered that the originating process not be issued without leave of the court. According to the plaintiff the power under r 15 of the UCPR was misused because the proceedings…
Continue reading McEwan v Merrin (Magistrate)
Sign in free to access the full text
- AGLC
- McEwan v Merrin (Magistrate) [2023] QSC 6
- Case
- [2023] QSC 6
- Decision Date
CaseChat Overview and Summary
The court examined the plaintiff's application to determine if the statement of claim met the necessary legal standards. It found that the statement did not sufficiently disclose a cause of action, thereby failing to meet the requirements set forth in the Uniform Civil Procedure Rules. The court's reasoning was that the claim lacked the clarity and specificity needed to proceed with the case. Consequently, the application for leave was dismissed, and no leave was granted to issue the claim and statement of claim. The court made it clear that this decision did not prevent the plaintiff from refiling a properly formatted claim and statement of claim in the future.
The court made no order as to costs, and the appearance of Mr Pitman, representing the first, third, and fourth defendants, was noted as being out of courtesy to the court rather than a requirement for the proceedings. The final orders were that leave to issue the claim and statement of claim was refused, and no orders as to costs were made.
Orders
Orders of the court
The orders of the Court are that:
1. Leave to issue the claim and statement of claim is refused;
2. No orders as to costs.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.