Golden v Howard [2023] NSWSC 1418

Golden v Howard [2023] NSWSC 1418

The proceedings were dismissed because the statement of claim did not plead or establish any reasonable cause of action against either defendant, failed to plead required elements of any tort, was vexatious, an abuse of process, and embarrassing; there was no reasonable prospect that any cause of action could be pleaded even if leave to replead were given.

Jurisdiction
Australia
Judgment Date
22 November 2023
Procedural Posture
Civil Procedure – Summary Dismissal / Summary Dismissal Application – Judgment
Outcome
Proceedings dismissed
Legal Topics
['summary Dismissal' 'striking Out Pleadings' 'reasonable Cause of Action' 'vexatious Proceedings' 'abuse of Process' 'embarrassing Pleadings']
['civil Procedure'] ['summary Dismissal' 'striking Out Pleadings' 'reasonable Cause of Action' 'vexatious Proceedings' 'abuse of Process' 'embarrassing Pleadings']

Case Brief

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Procedural Posture

Civil Procedure – Summary Dismissal / Summary Dismissal Application – Judgment

Legal Issues

  1. 1 ['Does the statement of claim disclose a reasonable cause of action against the defendants?' 'Are the proceedings vexatious, embarrassing, or an abuse of process?']

Ratio Decidendi

The proceedings were dismissed because the statement of claim did not plead or establish any reasonable cause of action against either defendant, failed to plead required elements of any tort, was vexatious, an abuse of process, and embarrassing; there was no reasonable prospect that any cause of action could be pleaded even if leave to replead were given.

Court Disposition

Proceedings dismissed

Orders

  • ['Subject to order (2), pursuant to r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW), the proceedings are dismissed.' "The question of costs of the defendants' notice of motion filed on 24 April 2023 and of the proceedings, together with consideration of the remaining aspects of that notice of motion are...