Rose v Premier of Queensland Department, (Hon. Campbell Newman, Premier) (No 2)

The case of Rose v Premier of Queensland Department, (Hon. Campbell Newman, Premier) (No 2) involved an unrepresented plaintiff, Ms Rose, who sought to bring proceedings against the Premier of Queensland and the Department of the Premier and Cabinet. The dispute centred on the plaintiff's claim for damages arising from her alleged unlawful detention and alleged mistreatment while in detention. The matter was heard in the Supreme Court of Queensland.

The primary legal issue before the court was whether the plaintiff's statement of claim, which was deemed incomprehensible, disclosed a cause of action. The court was required to determine whether the pleadings were sufficient to allow the case to proceed, or if they should be struck out as failing to meet the necessary legal standards. The court also had to consider whether the matter raised any issues of principle that would warrant further consideration.

The court found that the plaintiff's statement of claim did not disclose a cause of action and was incomprehensible, making it impossible to ascertain the basis of her claims. The court held that there was no issue of principle involved in the case that warranted further consideration, and the matter could be resolved on the basis of the pleadings alone. Consequently, the court granted the defendants' notice of motion to strike out the plaintiff's statement of claim.

The court ordered that the plaintiff's statement of claim be struck out, and the proceedings be dismissed with no order as to costs. The dismissal was without prejudice to the plaintiff's right to file an amended statement of claim if she was able to sufficiently articulate her claims in a comprehensible manner.