Pianta, J.H. & Anor v National Australia Bank Ltd & Anor [1995] FCA 293

Pianta, J.H. & Anor v National Australia Bank Ltd & Anor [1995] FCA 293

Because the issues raised by the applicants had already been fully litigated and determined in previous proceedings in the Supreme Court of New South Wales, and because the amended statement of claim added nothing of substance to the previously struck out claim, the current proceedings were an abuse of process and must be struck out.

Parties
First Applicant: Joseph Henry Pianta; Second Applicant: Lorna Mary Pianta; First Respondent: National Australia Bank Ltd (ACN 004 004 937); Second Respondent: Dibbs Crowther Osborne
Jurisdiction
Australia
Judgment Date
08 May 1995
Procedural Posture
Application to Strike Out Statement of Claim / Judgment on Respondents' Motion
Outcome
Amended statement of claim struck out as abuse of process. Applicants to pay costs of the motion.
Legal Topics
Abuse of Process, Striking Out Pleadings, Contracts Review Act Applications, Mortgage Enforcement
Civil Procedure Abuse of Process Striking Out Pleadings Contracts Review Act Applications Mortgage Enforcement

Case Brief

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Parties

Joseph Henry Pianta

First Applicant

Lorna Mary Pianta

Second Applicant

National Australia Bank Ltd (ACN 004 004 937)

First Respondent

Dibbs Crowther Osborne

Second Respondent

Procedural Posture

Application to Strike Out Statement of Claim / Judgment on Respondents' Motion

Legal Issues

  1. 1 Whether the amended statement of claim disclosed a reasonable cause of action or was an abuse of process
  2. 2 Whether issues raised had already been determined in prior Supreme Court proceedings

Ratio Decidendi

Because the issues raised by the applicants had already been fully litigated and determined in previous proceedings in the Supreme Court of New South Wales, and because the amended statement of claim added nothing of substance to the previously struck out claim, the current proceedings were an abuse of process and must be struck out.

Court Disposition

Amended statement of claim struck out as abuse of process. Applicants to pay costs of the motion.

Orders

  • The whole of the amended statement of claim filed 7 December 1994 be struck out.
  • The first and second applicants pay the costs of the motion of the first and second respondents.