Federal Court of Australia
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
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