Sarina and Sarina and Ors

In *Sarina and Sarina and Ors*, Bell J of the Supreme Court of Victoria was required to determine whether to strike out a Statement of Claim filed by the applicant. The respondents sought this order on the basis that the Statement of Claim was an abuse of process and failed to disclose a cause of action.

The central legal issue before the Court was whether the applicant's pleading, as it stood, was so deficient that it should be permanently dismissed, or whether it contained sufficient substance to warrant an opportunity for amendment. This involved considering the principles governing the striking out of pleadings, particularly in circumstances where the applicant might have a valid claim but has failed to articulate it with the necessary particularity.

Bell J reasoned that while the Statement of Claim contained significant deficiencies and lacked clarity, it did not entirely fail to disclose a cause of action. The Court considered that the applicant should be afforded an opportunity to replead, rather than have the claim permanently dismissed. Accordingly, the Court ordered that the Statement of Claim filed on 24 August 2010 be struck out, but granted the applicant leave to file a fresh Statement of Claim within 21 days.