The Court dismissed proceedings under UCPR r 13.4 after the plaintiff failed on three occasions to formulate a statement of claim disclosing a reasonable cause of action for a beneficial interest in property (whether by express trust, constructive trust, or resulting trust), an equitable charge, or restitution. The Court held that the proposed amended statement of claim was embarrassing for failing to identify the legal basis for the claimed beneficial interest, failing to plead reliance and detriment for a common intention constructive trust, failing to plead the absence of attributable blame and unjust retention for a joint endeavour constructive trust, failing to plead facts supporting an equitable charge, and failing to plead any increase in property value or unjust factor for the restitution claim. The dismissal was made under the abuse of process limb on the basis that permitting further repleading would be an unjustifiably oppressive and inefficient use of court resources, though the Court noted dismissal did not preclude fresh proceedings under s 91 of the Civil Procedure Act 2005.
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