ROBERTSON V. THE COMMONWEALTH OF AUSTRALIA & ANOR. 64/1985
High Court of Australia
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ROBERTSON
THE COMMONWEALTH OF AUSTRALIA
& ANOR
ORDER
Appeal dismissed with costs, including reserved costs.
JUDGMENT
(Oral)
Adeleide
2 St NES
ROBERTSON
THE COMMONWEALTH OF AUSTRALIA
& ANOR
WILSON J.
BRENNAN J.
DAWSON J.
ROBERTSON
THE COMMONWEALTH OF AUSTRALIA
& ANOR
This is an appeal against orders made by Mr Justice
Deane on the hearing of two applications. The first
application was made by the respondent for an order that the
action be struck out or dismissed as frivolous, vexatious or
as an abuse of process, or for an order that the statement
of claim be struck out. The second application was made by
the appellant for summary judgment.
His Honour made the following orders: that the
application of the appellant for judgment be refused with
costs; that the statement of claim be struck out; that the
action be dismissed; and that the costs of the first
respondent of the action be paid by the appellant. His
Honour concluded that the statement of claim did not contain
allegations of fact disclosing a reasonable cause of action
in the appellant.
The appellant submits that his Honour was in error. The
submission must be rejected. The statement of claim
contains a multitude of complaints arising out of actions on
the part of the respondents described as "anarchist
actions". In argument, the appellant has made it clear that
by the statement of claim he seeks to litigate a cause of
action in anarchy. It is a cause of action unknown to the
law in this country.
The appellant requested the Court, in the event that it
should come to this conclusion, to give him an opportunity
to replead. Mr Justice Deane expressly dealt with this
point and concluded that, in the circumstances, justice
required that the action be brought to an end. We agree.
The appea] must therefore be dismissed.
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