Peter (Pedro) Le v Commonwealth of Australia [2011] NSWSC 1242

Supreme Court New South Wales

Medium Neutral Citation: Peter (Pedro) Le v Commonwealth of Australia [2011] NSWSC 1242 Hearing dates: 19 October 2011 Decision date: 25 October 2011 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1)The statement of claim filed on 3 June 2011 is dismissed; (2)Costs of the second defendant are reserved. Catchwords: PROCEDURE - dismissal of statement of claim - UCPR 13.4 - statement of claim did not disclose any reasonable cause of action Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Banque Commerciale SA en Liquidation v Akhil Holdings Ltd (1990) 169 CLR 279 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 McGuirk v University of New South Wales [2009] NSWSC 1424 Category: Procedural and other rulings Parties: Peter (Pedro) Le (Plaintiff) Commonwealth of Australia (First Defendant) State of New South Wales (Second Defendant) Representation: Plaintiff in person A Markus (First Defendant) S A Woods (Second Defendant) Australian Government Solicitors (First Defendant) Crown Solicitor's Office (Second Defendant) File Number(s): 2011/183059

Judgment 1HER HONOUR: There are two notices of motion before the Court. By notice of motion filed 28 June 2011 the first defendant seeks, first, an order setting aside the originating process pursuant to the Uniform Civil Procedure Rules 2005 ("UCPR"), rule 12.11(1); secondly, alternatively, an order that the proceeding be dismissed because: a. it is frivolous or vexatious (UCPR 13.4(1)(a)); b. it does not disclose a reasonable cause of action (UCPR 13.4(1)(b)); and/or c. it is an abuse of process of the Court (UCPR 13.4.(1)(c)); and thirdly, alternatively, an order that the originating process be struck out because it: a. discloses no reasonable cause of action (UCPR 14.28(1)(a)); b. has a tendency to cause embarrassment (UCPR 14.28(1)(b)); and/or c. is otherwise an abuse of the process of the Court (UCPR 14.28(1)(c)). 2By notice of motion filed 5 July 2011 the second defendant seeks, first, an order that the plaintiff's statement of claim filed on 3 June 2011 be dismissed pursuant to UCPR 13.4 on grounds that the proceedings are frivolous or vexatious, disclose no cause of action and/or are an abuse of the process of the Court; and secondly, in the alternative, the plaintiff's statement of claim filed on 3 June 2011 be struck out pursuant to UCPR 14.28 on grounds that it discloses no reasonable cause of action, has a tendency to cause embarrassment, prejudice or delay in the proceedings and/or is an abuse of the process of the Court. 3The plaintiff is Peter (Pedro) Le, who has pleaded that his name "MUST NOT BE MADE PUBLIC FOR LEGAL REASON". When this court asked Mr Le about this, he agreed that he can be referred to as Peter (Pedro) Le. The first defendant is the Commonwealth of Australia ("the Commonwealth). The second defendant is the State of New South Wales ("the State"). 4The plaintiff represented himself at this hearing. Prior to the hearing of these motions, he had requested that a hearing loop and a self-standing long armed microphone (diagram provided by the plaintiff) be provided, as he is profoundly deaf. He also requested a translator for the hearing. All these were provided. The plaintiff can speak in the English language and he was articulate. He indicated that he understood what was being said in court. He stipulated that other communication with him be only in writing or by electronic means. The plaintiff said that he has a spinal cord injury (he was in a wheel chair). 5The documents to be relied upon by the defendants, namely affidavits and the second defendant's submissions, were read by the translator to the plaintiff in Spanish prior to the hearing taking place. I read all the parties' documents and listened carefully to the submissions made. 6The plaintiff, as best as I can discern, seeks damages for defamation and for beaches of duty of care owed to him by various Commonwealth and State bodies both in statute and in negligence.