Sanjiv v Coleman Greig Lawyers Pty Ltd [2024] NSWSC 1675

Sanjiv v Coleman Greig Lawyers Pty Ltd [2024] NSWSC 1675

The plaintiff's summons constitutes an abuse of process as it seeks to re-agitate matters refused or abandoned in related proceedings, or relief which is only available in the District Court. No reasonable cause of action is disclosed. The entirety of the proceedings should be dismissed under r 13.4 of the UCPR. A gross sum costs order in favour of the defendant is appropriate to avoid further costs and delay given the history and circumstances.

Parties
Plaintiff / Respondent: Rekha Sanjiv; Defendant / Applicant: Coleman Greig Lawyers Pty Ltd
Jurisdiction
Australia
Judgment Date
10 December 2024
Procedural Posture
Equity (summary Dismissal Application) / Notice of Motion for Dismissal and Gross Sum Costs Order
Outcome
Plaintiff's summons dismissed. Gross sum costs order made in favour of the defendant.
Legal Topics
Summary Dismissal, Abuse of Process, Gross Sum Costs, Costs Disclosure Obligations, Default Judgment, Appeal and Review Mechanisms
Civil Procedure Costs Legal Profession Summary Dismissal Abuse of Process Gross Sum Costs Costs Disclosure Obligations Default Judgment +1 more

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Parties

Rekha Sanjiv

Plaintiff / Respondent

Coleman Greig Lawyers Pty Ltd

Defendant / Applicant

Procedural Posture

Equity (summary Dismissal Application) / Notice of Motion for Dismissal and Gross Sum Costs Order

Legal Issues

  1. 1 Whether the plaintiff's summons constituted an abuse of process
  2. 2 Whether proceedings should be summarily dismissed under r 13.4 of the UCPR
  3. 3 Whether plaintiff entitled to pursue appeal or review of District Court judgment in Supreme Court

Ratio Decidendi

The plaintiff's summons constitutes an abuse of process as it seeks to re-agitate matters refused or abandoned in related proceedings, or relief which is only available in the District Court. No reasonable cause of action is disclosed. The entirety of the proceedings should be dismissed under r 13.4 of the UCPR. A gross sum costs order in favour of the defendant is appropriate to avoid further costs and delay given the history and circumstances.

Court Disposition

Plaintiff's summons dismissed. Gross sum costs order made in favour of the defendant.

Orders

  • Leave granted to file amended notice of motion seeking relief under r 13.4 UCPR or inherent jurisdiction.
  • Summons dismissed pursuant to r 13.4 UCPR.