BEFORE MASTER HORTON Q.C.Judgment • October 4th, 2022
Contract Type FiledOctober 4th, 2022MASTER: The first defendant, Coffey & Partners, has brought a summons seeking inter alia that the plaintiff's statement of claim delivered to the first defendant on 29 May 1985 be struck out on the ground that it discloses no reasonable cause of action. Mr. Callinan Q.C. has helpfully referred me to the dicta of the former Chief Justice, Sir Garfield Barwick in General Steel Industries 112 C.L.R. 125 at 129 wherein Barwick, C.J. critically illustrated the great caution and care with which a judge must approach an application such as this.