Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mathews v University of Queensland [2002] FCA 414
TRADE PRACTICES – motion to strike out the Amended Statement of Claim and/or dismiss the proceedings on the basis that no reasonable cause of action is disclosed and the proceedings are frivolous and vexatious – applicant without legal representation creates a need for special care – purpose of pleadings include the definition of issues so the parties know in advance the case they have to meet – jurisdiction of the Court in questions of academic assessment – whether applicant altered his position in reliance on the alleged misrepresentations – causation of loss or damage – expectation loss – whether representations were made in trade and commerce – allegations of deceit and defamation – nature of loss or damage pleaded in Amended Statement of Claim – no reason to allow applicant to re-plead to remedy the defects - no reasonable cause of action is disclosed and the proceedings are frivolous and vexatious - pleading has a tendency to cause prejudice, embarrassment or delay in the proceedings
Trade Practices Act 1974 (Cth), s 52 Federal Court Rules, O 11 r 16(b), O 20 r 2(1) General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125, approved Wentworth v Rogers (No 5) (1986) 6 NSWLR 534, applied Dare v Pulham (1982) 148 CLR 658, applied National Mutual Property Services (Australia) Pty Ltd and Ors v Citibank Savings Ltd and Ors (1995) 132 ALR 514, cited Allstate Life Insurance Co v Australia & New Zealand Banking Group Ltd (13 September 1994, Fed C, unreported at 24), cited Wardley Australia Ltd and Anor v The State of Western Australia (1992) 175 CLR 514, cited Marks and Ors v GIO Australia Holdings Ltd and Ors (1998) 158 ALR 333, applied Norrie v Auckland University Senate (1984) 1 NZLR 129, cited Clark v University of Lincolnshire and Humberside (2000) 1 WLR 1988, cited RUSSELL GORDON HAIG MATHEWS v UNIVERSITY OF QUEENSLAND No Q 162 of 2001 SPENDER J BRISBANE 8 APRIL 2002
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