JAMBRECINA v PYRAMID BUILDING SOCIETY & ANOR; PYRAMID BUILDING SOCIETY & ANOR v JAMBRECINA [2002] NSWSC 1076

JAMBRECINA v PYRAMID BUILDING SOCIETY & ANOR; PYRAMID BUILDING SOCIETY & ANOR v JAMBRECINA [2002] NSWSC 1076

The Amended Statement of Claim was hopeless, disclosed no reasonable cause of action, constituted an abuse of process, and repeated claims arising from the same mortgage transactions and properties after earlier judgments and strike-out orders. Mr Jambrecina had persistently instituted proceedings of the same substance, and his steps in the Federal Court Bankruptcy Division showed a collateral purpose of frustrating bankruptcy proceedings arising from Pyramid and Farrow's costs orders. Those matters went beyond mere frequency and justified orders under s84(2) of the Supreme Court Act 1970.

Jurisdiction
Australia
Judgment Date
15 November 2002
Procedural Posture
Notice of Motion to Stay or Dismiss Proceedings and Strike Out Amended Statement of Claim; Summons for Declaration of Vexatious Litigant Under S84(2) of the Supreme Court Act 1970 / Judgment After Hearing
Outcome
Amended Statement of Claim struck out, matter 20019 of 2002 dismissed, and Drago Jambrecina declared a vexatious litigant in matter 10820 of 2002 with restrictions on instituting or continuing proceedings against Pyramid Building Society Ltd (in liq) and Farrow Mortgage Services Pty Ltd (in liq) in any New South...
Legal Topics
['strike Out of Pleading' 'no Reasonable Cause of Action' 'abuse of Process' 'vexatious Litigant Declaration' 'leave to Sue Companies in Liquidation' 'repeated Proceedings Concerning Mortgages']
['civil Procedure' 'vexatious Proceedings' 'mortgage Litigation' 'insolvency'] ['strike Out of Pleading' 'no Reasonable Cause of Action' 'abuse of Process' 'vexatious Litigant Declaration' 'leave to Sue Companies in Liquidation' 'repeated Proceedings Concerning Mortgages']

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Procedural Posture

Notice of Motion to Stay or Dismiss Proceedings and Strike Out Amended Statement of Claim; Summons for Declaration of Vexatious Litigant Under S84(2) of the Supreme Court Act 1970 / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Amended Statement of Claim disclosed no reasonable cause of action, constituted an abuse of process and should be struck out with the proceedings dismissed.' 'Whether Drago Jambrecina had habitually and persistently and without reasonable ground instituted vexatious legal proceedings against Pyramid Building Society Ltd (in liq) and Farrow Mortgage Services Pty Ltd (in liq) within the meaning of s84(2) of the Supreme Court Act 1970.' 'Whether proceedings and steps in other jurisdictions, including Federal Court bankruptcy proceedings, could be considered in characterising the NSW proceedings as vexatious.']

Ratio Decidendi

The Amended Statement of Claim was hopeless, disclosed no reasonable cause of action, constituted an abuse of process, and repeated claims arising from the same mortgage transactions and properties after earlier judgments and strike-out orders. Mr Jambrecina had persistently instituted proceedings of the same substance, and his steps in the Federal Court Bankruptcy Division showed a collateral purpose of frustrating bankruptcy proceedings arising from Pyramid and Farrow's costs orders. Those matters went beyond mere frequency and justified orders under s84(2) of the Supreme Court Act 1970.

Court Disposition

Amended Statement of Claim struck out, matter 20019 of 2002 dismissed, and Drago Jambrecina declared a vexatious litigant in matter 10820 of 2002 with restrictions on instituting or continuing proceedings against Pyramid Building Society Ltd (in liq) and Farrow Mortgage Services Pty Ltd (in liq) in any New South...

Orders

  • ['In matter number 20019 of 2002, the Amended Statement of Claim was struck out, the Notice of Motion filed 13 March 2002 was dismissed, and the proceedings were dismissed.' "The plaintiff was ordered to pay the defendants' costs." 'In matter number 10820 of 2002, the defendant was declared a vexatious litigant...