Recently, an enquiry was made to our firm seeking advice regarding an incredible statement of claim served against him by his sister (‘the Plaintiff’). The Plaintiff claimed her belongings were detained and it was refused to be returned to her. However, we were informed that the plaintiff was escorted out of the premises by police, but her belongings remained in the premises to which she claims to be $6,000 in value.

Attached to the statement of claim was a full 2-page annexure listing all the items she was claiming, most of them being perishable items. Just some of the items include:

  • 12 new rolls of paper towels
  • 24 pack of toilet rolls
  • 1 broccoli
  • 1 loaf of white bread
  • 5L extra virgin olive oil
  • 2L canola oil
  • 1kg mandarins
  • 1kg white grapes
  • 2 jars of Russian salads
  • 1kg brown sugar
  • 3 pillows
  • 1 bottle toothpaste 
  • 3kg cucumbers
  • 4 hot cross buns.
  • 4 dove soaps
  • 1 packet Tim Tams
  • 1 box nutri-grain
  • 1 soy sauce
  • 1 water crackers
  • 2 packs of marshmallows
  • 4 boxes tissues
  • 2kg tomato sauce
  • 20 packets of chia seeds
  • 4kg danish cheese

Key takeaway: 
Importantly, the court has the power to throw out certain cases, such as if the case is groundless/unsubstantiated, or if the litigant is vexatious (that continually brings new legal actions without reasonable grounds for doing so, which are seen to delay or abuse the court process).

Courts, judges and magistrates are already burdened with countless matters, so if you want to make it as easy as you can for a judicial officer to make a judgment in your favour, it is best to obtain legal advice before commencing any legal action. As a poorly planned claim may waste your time and money.

If you decide to either commence a claim against another party or defend a claim you think is ridiculous, it is always best to seek legal advice and legal representation from a firm which aims to provide the best, most exceptional result in regards to your particular dispute.

We have offices conveniently located in Hurstville, Crows Nest and Waterloo. We strongly encourage you to contact our team or make an online enquiry to obtain the best help possible.

Disclaimer: The information above is intended to be general information only and it should not be relied upon it as legal advice. If you seek professional advice please feel free to contact the team at Lincoln Legal or make an enquiry.

This article is made possible by Angela Chen