Tjiong v Tjiong: 2019/278508 [2021] NSWSC 1389

Tjiong v Tjiong: 2019/278508 [2021] NSWSC 1389

Dr Tjiong lacked standing to bring proceedings to set aside prior judgments because the claims, being neither for personal injury nor for a wrong to his person within statutory meaning, vested in his bankruptcy trustee or were stayed, and did not fall within the 'personal injury or wrong' exception. The proceedings were also barred by res judicata and were an abuse of process, as they repeated causes of action previously dismissed with finality and on the merits. Further, the pleadings did not disclose any viable case of fraud sufficient to warrant overcoming the finality of prior judgments.

Jurisdiction
Australia
Judgment Date
29 October 2021
Procedural Posture
Equity Civil Proceedings / Application for Summary Dismissal of Proceedings to Set Aside Prior Judgments; Cross Motion for Leave to Amend, Final Orders
Outcome
Plaintiff's motion dismissed; proceedings summarily dismissed; costs ordered against plaintiff on ordinary basis.
Legal Topics
['standing of Bankrupt Litigant' 'res Judicata' 'abuse of Process' 'pleading Requirements for Fraud' 'summary Dismissal' 'vexatious Proceedings']
['civil Procedure' 'equity' 'bankruptcy'] ['standing of Bankrupt Litigant' 'res Judicata' 'abuse of Process' 'pleading Requirements for Fraud' 'summary Dismissal' 'vexatious Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Civil Proceedings / Application for Summary Dismissal of Proceedings to Set Aside Prior Judgments; Cross Motion for Leave to Amend, Final Orders

Legal Issues

  1. 1 ['Whether the bankrupt plaintiff had standing to bring proceedings to set aside prior judgments allegedly obtained by fraud' 'Whether the doctrine of res judicata or abuse of process barred the proceedings' 'Whether the pleadings disclosed a viable cause of action to set aside previous judgments for fraud' 'Whether a vexatious proceedings order should issue against the plaintiff']

Ratio Decidendi

Dr Tjiong lacked standing to bring proceedings to set aside prior judgments because the claims, being neither for personal injury nor for a wrong to his person within statutory meaning, vested in his bankruptcy trustee or were stayed, and did not fall within the 'personal injury or wrong' exception. The proceedings were also barred by res judicata and were an abuse of process, as they repeated causes of action previously dismissed with finality and on the merits. Further, the pleadings did not disclose any viable case of fraud sufficient to warrant overcoming the finality of prior judgments.

Court Disposition

Plaintiff's motion dismissed; proceedings summarily dismissed; costs ordered against plaintiff on ordinary basis.

Orders

  • ["Plaintiff's notice of motion filed 31 July 2020 dismissed." "Defendants' notice of motion filed 10 March 2020: (1) Proceedings dismissed; (2) Motion otherwise dismissed; (3) Plaintiff to pay defendants' costs of proceedings (including costs of motions) on the ordinary basis, excluding costs thrown away by...