Qin v He

The matter before the court involved the plaintiff, Qin, who was self-represented, and the defendants, He and others. The dispute centred around a loan agreement between the plaintiff and a borrower, who was an undischarged bankrupt. The plaintiff, along with another lender, had obtained a judgment against the borrower in the Local Court. The plaintiff sought an interest in two properties, which were said to have been purchased with the loan money. One property was jointly owned by the borrower and another defendant, while the other was owned by two defendants, but not the borrower. The plaintiff's claim was based on equitable tracing.

The court needed to determine whether the statement of claim pleaded any cause of action and whether the proceedings were frivolous and vexatious. Additionally, the court had to assess whether the pleaded claim was manifestly hopeless and whether the plaintiff should be granted a further opportunity to plead. The plaintiff's claim was complicated by the inclusion of irrelevant material and evidence, making it difficult to discern the cause of action. The court also considered whether the pleading was embarrassing and if it warranted a further opportunity to amend the pleadings.

The court found that the pleaded claim was manifestly hopeless because the plaintiff had no basis for equitable tracing. The plaintiff's claim was based on the loan agreement and the subsequent judgment against the borrower, but the other lender was not a party to the proceedings. The court held that the claim was frivolous and vexatious, and there was no basis for equitable tracing. Consequently, the court made a summary dismissal order in favour of the defendants.