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Claim struck out where no reasonable cause of action is disclosed against defendants
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High Court strikes out proceedings in which the plaintiff claimed a breach of constitutional rights and breach of duty, in circumstances where the fourth-named defendant had been appointed receiver over a property, on the grounds that: the plaintiff's claim disclosed no reasonable cause of action against the defendants; the pleadings against the fourth-named defendant were unnecessary and/or scandalous; and continuation of the proceedings would only act to cause oppression, hardship and considerable expense to the defendants in having to take steps to defend a claim which could not succeed against them.
High Court - application to strike out claim on grounds that it discloses no reasonable cause of action - rules of court - inherent jurisdiction - plaintiff - plaintiff claimed to be immune to court summons - whether the facts as asserted by the plaintiff, assuming claimed breach of constitutional rights and breach of duty - fourth named defendant had been appointed receiver over property them to be true, would give rise to a potentially valid cause of action - plaintiff's claim of immunity from suit was fundamentally misconceived - none of the issues raised could be addressed by an amendment of pleadings or any interlocutory steps such as the raising of interrogatories or discovery - continuation of proceedings would only act to cause oppression, hardship and considerable expense to the defendants in having to take steps to defend a claim which could not succeed against them - claim struck out.
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