A Abi-Rizk v BB Dundas Pty Ltd in its capacity as Trustee of the BB Dundas Trust [2024] NSWSC 498

A Abi-Rizk v BB Dundas Pty Ltd in its capacity as Trustee of the BB Dundas Trust [2024] NSWSC 498

It is an abuse of process to permit reagitation of issues already determined by the Court, particularly where the parties had opportunity to be heard and no change of circumstances is shown. Accordingly, paragraphs 1–4 of Mr Basseal's Notice of Motion are dismissed.

Parties
First Plaintiff: Antonios Abi-Rizk; Second Plaintiff: Koukab Rizk; Third Plaintiff: Sonia Rizk; First Defendant: BB Dundas Pty Ltd in its capacity as Trustee of the BB Dundas Trust; Second Defendant: Habib Boustany; Third Defendant: Danny Basseal; Fourth Defendant: BB & B Penrith Pty Ltd
Jurisdiction
Australia
Judgment Date
01 May 2024
Procedural Posture
Equity Corporations List / Procedural Rulings Notice of Motion (application) Determination
Outcome
Paragraphs 1–4 of Third Defendant's Notice of Motion dismissed as abuse of process or for lack of merit.
Legal Topics
Abuse of Process, Reagitation of Final and Determined Issues, Standing in Winding Up Applications, Dismissal of Motions
Practice and Procedure Corporations Law Abuse of Process Reagitation of Final and Determined Issues Standing in Winding Up Applications Dismissal of Motions

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Parties

Antonios Abi-Rizk

First Plaintiff

Koukab Rizk

Second Plaintiff

Sonia Rizk

Third Plaintiff

BB Dundas Pty Ltd in its capacity as Trustee of the BB Dundas Trust

First Defendant

Habib Boustany

Second Defendant

Danny Basseal

Third Defendant

BB & B Penrith Pty Ltd

Fourth Defendant

Procedural Posture

Equity Corporations List / Procedural Rulings Notice of Motion (application) Determination

Legal Issues

  1. 1 Whether paragraphs 1–4 of the Third Defendant's Notice of Motion should be dismissed as an abuse of process or for lack of merit
  2. 2 Whether issues already determined by the Court can be reagitated in a subsequent application after final orders were made

Ratio Decidendi

It is an abuse of process to permit reagitation of issues already determined by the Court, particularly where the parties had opportunity to be heard and no change of circumstances is shown. Accordingly, paragraphs 1–4 of Mr Basseal's Notice of Motion are dismissed.

Court Disposition

Paragraphs 1–4 of Third Defendant's Notice of Motion dismissed as abuse of process or for lack of merit.

Orders

  • Paragraphs 1–4 of Mr Basseal's Notice of Motion filed on 29 April 2024 are dismissed.