Dragan Markisic & Anor v Middletons Lawyers & Ors [2005] NSWSC 258

Dragan Markisic & Anor v Middletons Lawyers & Ors [2005] NSWSC 258

The publications of the statement and its translation were made for the purpose of ongoing judicial proceedings and therefore were protected by absolute privilege; further, publication to a spouse was either not actionable or protected. The pleadings disclosed no reasonable cause of action for conspiracy or abuse of process, and claims relating to third-party publications were unsupported by evidence of the defendants' involvement. Accordingly, the proceedings were dismissed as frivolous, vexatious, and disclosing no reasonable cause of action.

Jurisdiction
Australia
Judgment Date
01 April 2005
Procedural Posture
Civil / Summary Dismissal Application
Outcome
statement of claim dismissed; costs awarded to each defendant
Legal Topics
['absolute Privilege' 'spousal Immunity' 'abuse of Process' 'conspiracy' 'summary Dismissal']
['defamation' 'torts' 'civil Procedure'] ['absolute Privilege' 'spousal Immunity' 'abuse of Process' 'conspiracy' 'summary Dismissal']

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Procedural Posture

Civil / Summary Dismissal Application

Legal Issues

  1. 1 ['Whether the statement was protected by absolute privilege as part of judicial proceedings' "Whether the defence of 'spousal immunity' applies to publication to a spouse" 'Whether the claims of conspiracy and abuse of process disclose any reasonable cause of action' 'Whether proceedings should be dismissed as frivolous or vexatious']

Ratio Decidendi

The publications of the statement and its translation were made for the purpose of ongoing judicial proceedings and therefore were protected by absolute privilege; further, publication to a spouse was either not actionable or protected. The pleadings disclosed no reasonable cause of action for conspiracy or abuse of process, and claims relating to third-party publications were unsupported by evidence of the defendants' involvement. Accordingly, the proceedings were dismissed as frivolous, vexatious, and disclosing no reasonable cause of action.

Court Disposition

statement of claim dismissed; costs awarded to each defendant

Orders

  • ['The statement of claim be dismissed.' 'The plaintiffs to pay the costs of each of the defendants.']