COURT
IN THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA
MILDREN J
CWDS
Pleadings - Practice and procedure; lack of particularity,
circumstances
available to strike out pleadings - when pleading demurrable and showing
something worse than demurrable - where no
legitimate amendment can save it -
where action so manifestly groundless as to not admit argument.
Pleadings - Practice and procedure
- strike out pleadings - summary judgment
- Court's power used only in plain and obvious cases - Court's discretion
exercised with
care when depriving plaintiff of a trial.
Practice - Proximity - relevant duty of care - vicarious liability - control
test - borrowed
servant pro hac vice.
Statutes - Law Reform (Miscellaneous Provisions) Act: s26(1) Supreme Court
Rules: 13.09(1), 13.10(1),(2), 23.01, 23.02, 23.03
Cases - Republic of Peru v Peruvian Guano Company (1887) 36 Ch.D 489,
applied. Arbon v Anderson , applied. Wall v The Bank of
Victoria Ltd ; , applied. Ranger Uranium Mines Pty Ltd v BTR
Trading (Qld) Pty Ltd and Ors, (unreported Supreme Court NT) Muirhead AJ,
2.06.87,
applied. Drummond Jackson v British Medical Association , followed. General Steel Industries v Commissioner for Railways (NSW) and
Ors ; , applied. Inglis and anor v Commonwealth Trading Bank
of Australia followed. Hawkins v Clayton (1987-88) 164 CLR
539, considered. Mersey Docks and Harbour Board v Coggins and Griffiths
(Liverpool)
Ltd ; , discussed. Kondis v State Transport Authority
; , considered.
Texts - Williams, Supreme Court Civil Procedure, Butterworths, 1987, p.126
HRNG
DARWIN, 27 January 1994
#DATE 16:2:1994
Counsel for plaintiff: T R Anderson
Solicitors for plaintiff: Elston and Gilchrist
Counsel
for 1st defendant: No appearance
Solicitors for 1st defendant: Unrepresented
Counsel for 2nd defendant: G
Schneider
Solicitors for 2nd defendant: Waters James McCormack
Counsel for 3rd defendant: D Farquhar
Solicitors for
3rd defendant: Cridlands
Counsel for 4th defendant: No appearance
Solicitors for 4th defendant: Unrepresented
Counsel for 5th defendant: B T Lander QC
Solicitors for 5th defendant: Peter McQueen
ORDER
Orders made.
JUDGE1
MILDREN
J This is an application by summons brought by the Fifth Defendant
Australian Aviation Underwriting Pool Pty Ltd to strike out the
Amended
Statement of Claim as against it for failing to disclose a cause of action
against it, or alternatively for an order that
summary judgment be entered in
favour of the Fifth Defendant against the Plaintiff.