Manny v ACT (No 2)

[2026] ACTSC 23

Supreme Court of the ACT11 February 2026

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Strike out
4. › Whether reasonable cause of action disclosed
5. › Failure to comply with rules of pleading after leave to replead on conditions
6. › Court Procedures Rules 2006 (ACT), rr 405, 406, 407, 425, 432
1. Practice and Procedure
2. › Summary dismissal
3. › Whether proceedings should be dismissed after strike out of amended pleadings
4. › Whether plaintiff afforded fair opportunity to replead
5. › Court Procedures Rules 2006 (ACT), rr 425, 1147
1. Practice and Procedure
2. › Self-represented litigants
3. › Court's obligations
4. › Whether court's role extends to advising on how rights are to be exercised
5. › Duty of fairness owed to all parties

Quick Take

A court that has granted leave to replead on conditions may dismiss proceedings where the repleaded claims fail to cure the identified deficiencies, even where the litigant is self-represented, provided a fair opportunity to replead has been afforded.

Case Details

Citation[2026] ACTSC 23

CourtACTSC

JurisdictionAustralian Capital Territory

Decision Date11 February 2026

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Cited by2

2026Manny v ACTACTCA 13
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Relies on8

2025Manny v ACTACTSC 151
2025Manny v Commonwealth of Australia (No 2)ACTSC 146
2011Hamod v State of New South Wales and AnorNSWCA 375
2010P and W v Manny and Jeff Manny Pty LtdACTSC 50
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