Emmerton R.A. v West G.B. & Anor [1995] FCA 200

LIMITED DISTRIBUTION CATCHWORDS PRACTICE AND PROCEDURE - application to strike out application and statement of claim - whether pleadings disclose a cause of action - discussion of principles. Federal Court Rules O 11 r 16, O 20 r 2 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 ROY ALAN EMMERTON v GARRY BRUCE WEST and ANTHONY RAYMOND LAUER No NG 80 of 1995 Tamberlin J Sydney 17 March 1995

LIMITED DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 80 of 1995 GENERAL DIVISION ) BETWEEN: ROY ALAN EMMERTON Applicant AND: GARRY BRUCE WEST and ANTHONY RAYMOND LAUER Respondents CORAM: TAMBERLIN J PLACE: SYDNEY DATED: 17 MARCH 1995 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. the Statement of Claim be struck out as presently formulated; 2. the applicant be granted leave to file an Amended Statement of Claim within 28 days; 3. there be no order as to the costs of the proceedings before the Court today. NOTE: Settlement and entry of orders is dealt with in accordance with Order 36 of the Federal Court Rules.

LIMITED DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 80 of 1995 GENERAL DIVISION ) BETWEEN: ROY ALAN EMMERTON Applicant AND: GARRY BRUCE WEST and ANTHONY RAYMOND LAUER Respondents CORAM: TAMBERLIN J PLACE: SYDNEY DATED: 17 MARCH 1995 REASONS FOR JUDGMENT On 16 February 1995, the applicant, Roy Alan Emmerton, filed an Application and Statement of Claim in this court seeking the relief set out in the Application. The Application is expressed to be brought under public interest, the Industrial Research and Development Incentives Act 1976 (Cth), and s 82 of the Trade Practices Act 1974 (Cth). It is expressed to be on the grounds appearing in the Statement of Claim and the relief sought is as follows: "1. Damages to the extent of the Statute of Limitations and interest. 2. Exemplary Damages (Particulars: see Statement of Claim and long term malfeasance). AND The Applicant claims by interlocutory relief: 1. An Order or Declaration that the said record is false in every damaging respect. 2. An Order that the Respondents pay to the Applicant an interim sum to prevent further loss and damage. 3. An Order or Declaration that the final hearing of this matter be expedited. 4. Such further Orders, Declarations and/or Directions as this Honourable Court deems just." The Statement of Claim is in these terms: "1. The Respondents are the Minister for New South Wales Police and the Commissioner for New South Wales Police and have control of and are responsible for investigations made and records kept by the New South Wales Police.