Church of Scientology Inc v Woodward

High Court of Australia Wilson J. Gibbs C.J. Mason, Murphy, Aickin and Brennan JJ. Church of Scientology Inc v Woodward

ORDER Appeal dismissed with costs. Grant leave to the plaintiffs to file and serve a further amended statement of claim within twenty-one days. In the event of the plaintiffs not filing and serving a further amended statement of claim within that time action dismissed with costs.

Cur. adv. vult.

1980, Oct. 2 Wilson J

. delivered the following written judgment in open court:—

This is an application on the part of the defendants for an order pursuant to O. 26, r. 18 of the High Court Rules or otherwise that the plaintiffs' statement of claim as amended ("the statement of claim") be struck out on the ground that it does not disclose a reasonable cause of action and further or alternatively is frivolous or vexatious and for an order that the action be dismissed and judgment entered for the defendants. Alternatively, the defendants seek a stay of proceedings pursuant to O. 63, r. 2 or otherwise.

Paragraphs 1 to 5 inclusive of the statement of claim identify the parties. The first-named plaintiff is an association duly incorporated under the laws of South Australia in 1969. It is and at all material times has been a religious organization engaged in the practice, promotion, propagation, teaching and application of the Scientology religion. The second-named plaintiff is a member of the first-named plaintiff and a practising adherent of the Scientology religion, and he sues on his own behalf and on behalf of all of the other members of the first-named plaintiff.

The defendants are the Director-General of Security, who has the control of the Australian Security Intelligence Organization ("ASIO"); the Attorney-General, who is the Minister of State responsible for ASIO; and the Commonwealth of Australia.