The Court dismissed a self-represented plaintiff's claim for damages arising from the close-out of exchange-traded options positions, holding that the proceedings were an abuse of process (relitigating claims already dismissed by the Supreme Court of Queensland) and disclosed no reasonable cause of action. The plaintiff's motion for default judgment was refused on the basis that the claim was for unliquidated damages (not a debt or liquidated claim within UCPR r 16.6), and in any event the discretion would not be exercised where the defendant had filed a competing summary dismissal application. Leave to replead was refused where the underlying claim, not merely the pleading, was defective and the plaintiff had already been given multiple opportunities across three jurisdictions to articulate a viable cause of action.
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