Application by defendant for summary judgment or strike out
whether proceedings constitute abuse of process
Quick Take
1A claim seeking orders annulling a contract of sale and requiring specific performance of a property transaction must join the current owners of the property as parties; failure to do so renders those orders unavailable against the named defendant alone.
2A statement of claim that fails to provide particulars sufficient to ground a cause of action — whether under the Australian Consumer Law s 18 or in equity — and where the plaintiff refuses to comply with orders to provide particulars, is liable to be struck out in its entirety.
3Where a pleading does not disclose any viable cause of action and the plaintiff has not substantiated allegations that an agent deliberately failed to communicate an offer to a vendor, the proceedings may be struck out as disclosing no reasonable cause of action.
