Singh v Khan

The applicant, Singh, filed proceedings against the respondent, Khan, in the Federal Court of Australia. Singh's statement of claim was subject to a strike out application by Khan, who argued that Singh's statement of claim failed to disclose a reasonable cause of action and contained frivolous or vexatious material. The claim was also described as evasive or ambiguous and likely to cause prejudice, embarrassment or delay.

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.