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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Wang v Canberra Metro Operations Pty Ltd |
Citation: | [2025] ACTSC 531 |
Hearing Date: | 24 October 2025 |
Decision Date: | 4 December 2025 |
Before: | Muller AJ |
Decision: | (1) The statement of claim dated 5 August 2025 is struck out with leave to replead limited as follows: (a) any claim for defamation is excluded; and (b) any statutory claim based on discrimination is excluded. (2) The plaintiff is to pay the defendant’s costs of the application, with such costs not recoverable until the conclusion of the proceeding. |
Catchwords: | CIVIL PROCEDURE – INTERLOCUTORY APPLICATION –Application for strike out of statement of claim – application for dismissal of proceedings – leave granted for plaintiff’s daughter to represent father in application – plaintiff has no English language skills – allegations of incident on Canberra Metro – r 425 of theRules – statement of claim struck out in whole with leave to replead |
Legislation Cited: | Court Procedures Rules 2006 (ACT), Pt 2.6 |
Cases Cited: | M Plus Advisors Pty Limited v Frino [2025] ACTSC 517 Mohareb v Saratoga Marine Pty Limited [2020] NSWCA 235 |
Parties: | Xiaojie Wang ( Plaintiff) Canberra Metro Operations Pty Limited ( Defendant) |
Representation: | Counsel Y Wang ( Plaintiff) I Molenkamp ( Defendant) |
| Solicitors Self-represented ( Plaintiff) Moray & Agnew Lawyers ( Defendant) |
File Number: | SC 292 of 2025 |