Burke v Hampton [2012] QDC 343
1-1
[2012] QDC 343
DISTRICT COURT
CIVIL JURISDICTION
JUDGE ROBIN QC
No 3153 of 2010
DOMINIC BURKE Plaintiff
and
WENDY HAMPTON and
AQIS/MAFF Defendant
BRISBANE
..DATE 31/10/2012
JUDGMENT
CATCHWORDS
Informal representations by the plaintiff following
publication of court's reasons for striking out (fourth)
statement of claim and staying the claim - court not dissuaded
from making the orders foreshadowed.
-- 1 of 2 --
1-2 JUDGMENT
1
10
20
30
40
50
60
HIS HONOUR: For reasons published to the parties two weeks
ago, the statement of claim of the plaintiff is struck out and
the proceeding is stayed. The defendant is ordered to pay the
applicant/defendant's costs of their application to be
assessed on the standard basis.
I ought to say that Mr Burke has sent a lengthy email to my
associate for my attention. In essence, it refers to other
matters involving the second defendant which Mr Burke appears
to be alleging represent similar instances involving organs of
the second defendant to those he complains of in this
proceeding, presumably as a kind of corroboration of his claim
in a last ditch attempt to persuade me not to stay it, but
rather to let him have his day in court.
The published reasons indicate that I'm not in any doubt about
Mr Burke's genuineness, which is not to say he has a claim
that deserves to succeed. The orders made today don't involve
any assessment of the merits, but visit on him what seem to me
inevitable consequences of serious deficiencies in his
process.
I've indicated the orders.
-----
-- 2 of 2 --
Official source: https://www.sclqld.org.au/caselaw/QDC/2012/343