FEDERAL COURT OF AUSTRALIA
Singh v Khan [2021] FCA 140
File number: NSD 1392 of 2020 Judgment of: STEWART J Date of judgment: 24 February 2021 Catchwords: PRACTICE AND PROCEDURE – statement of claim – strike out application – content of pleadings required by r 16.02 of the Federal Court Rules 2001 (Cth) – statement of claim failing to disclose a reasonable cause of action – frivolous or vexatious material – evasive or ambiguous – likely to cause prejudice, embarrassment or delay – statement of claim struck out with leave to re-plead Legislation: Bankruptcy Act 1966 (Cth) s 40(1)(g)
Federal Court of Australia Act 1976 (Cth) s 37M(1)
Income Tax Rates Act 1986 (Cth) Sch 7 Pt 1
Medicare Levy Act 1986 (Cth) s 6(1)
Taxation Administration Act 1953 (Cth) ss 12-190(1), 15-10(2), 16-167
Federal Court Rules 2011 (Cth) Div 16.1, r 16.02(1)(d)
Taxation Administration Regulations 2017 (Cth) regs 5, 38(2)
Cases cited: Dare v Pulham [1982] HCA 70; 148 CLR 658
David Securities Pty Ltd v Commonwealth Bank of Australia [1992] HCA 48; 175 CLR 353
Devaynes v Noble (1816) 35 ER 781
French Caledonia Travel Service Pty Ltd (in liq) [2003] 59 NSWLR 361
Singh v Fobupu Pty Ltd, in the matter of Singh [2020] FCA 886
Singh v Fobupu Pty Ltd, in the matter of Singh [2021] FCAFC 14
Division: General Division Registry: New South Wales National Practice Area: Taxation Number of paragraphs: 21 Date of hearing: 24 February 2021 Counsel for the Applicant: The applicant appeared in person Solicitor for the Respondents: A Dicembre of McGrath Dicembre & Company ORDERS
NSD 1392 of 2020 BETWEEN: GURJIT SINGH
Applicant
AND: GHULAM AKBAR KHAN
First Respondent
SAMINA KHAN
Second Respondent
FOBUPU PTY LTD
Third Respondent
ORDER MADE BY:
STEWART J
DATE OF ORDER:
24 FEBRUARY 2021
THE COURT ORDERS THAT:
1.The applicant’s statement of claim filed on 17 December 2020 is struck out.
2.The applicant is to file and serve a new statement of claim on or before 24 March 2021.
3.Costs are reserved.
4.The matter is listed for further case management on 30 March 2021.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
STEWART J:
This proceeding was commenced by originating application and statement of claim, both filed on 17 December 2020. Those documents seek to assert a claim that has previously been referred to in two judgments of this Court. Mr Singh is self-represented in the proceeding, as he was in the previous two proceedings.
In Singh v Fobupu Pty Ltd, in the matter of Singh [2020] FCA 886, Gleeson J dismissed an application by Mr Singh to set aside a bankruptcy notice. The bankruptcy notice had been issued on the application of the respondents in the present case on the basis that they were judgment creditors of Mr Singh. One of Mr Singh’s grounds for seeking to set aside the bankruptcy notice was that he had a counter-claim, set-off or…
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- Singh v Khan [2021] FCA 140
- Case
- [2021] FCA 140
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CaseChat Overview and Summary
Singh argued that the strike out application should be dismissed, but the Court held that the statement of claim did not meet the requirements of r 16.02 of the Federal Court Rules 2001 (Cth), which sets out the content of pleadings. The Court found that the statement of claim did not disclose a reasonable cause of action, was evasive or ambiguous, and was likely to cause prejudice, embarrassment or delay. The Court noted that the statement of claim contained frivolous or vexatious material and that Singh had not provided sufficient information to allow the Court to determine whether a cause of action existed.
The Court held that the statement of claim was struck out and that Singh was to file and serve a new statement of claim on or before 24 March 2021. The Court also reserved costs and listed the matter for further case management on 30 March 2021.
Orders
Orders of the court
1. The applicant’s statement of claim filed on 17 December 2020 is struck out.
2. The applicant is to file and serve a new statement of claim on or before 24 March 2021.
3. Costs are reserved.
4. The matter is listed for further case management on 30 March 2021.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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