Jabbar v Gade (No. 3) (pseudonyms) [2022] NSWSC 1400

Jabbar v Gade (No. 3) (pseudonyms) [2022] NSWSC 1400

The summons was dismissed because the issues concerning the text messages and video recordings had already been carefully analysed and adjudicated in earlier Federal Circuit Court, Full Court and Supreme Court proceedings and were subject to issue estoppel and res judicata; Jabbar showed no reasonable cause of action; the request for child recovery orders was outside this Court's jurisdiction; and the matters raised were hopeless. Although Jabbar had frequently instituted or conducted vexatious proceedings in the Federal Circuit Court, she had achieved some measure of success in New South Wales proceedings, so it was not appropriate at this stage to prohibit her from instituting...

Jurisdiction
Australia
Judgment Date
18 October 2022
Procedural Posture
Civil Procedure Application Concerning Summary Dismissal and Vexatious Proceedings Orders / Notice of Motion to Dismiss Summons and Seek Vexatious Proceedings Orders; Plaintiff's Summons Filed 11 April 2022
Outcome
The summons filed 11 April 2022 was dismissed; the Court declined to make an order prohibiting Jabbar from instituting proceedings in New South Wales; each party was ordered to pay their own costs.
Legal Topics
['summary Dismissal Under UCPR R 13.4' 'vexatious Proceedings Orders' 'issue Estoppel and Res Judicata' 'attempt to Relitigate Findings About Text Messages and Video Evidence' 'jurisdiction to Make Child Recovery Orders']
['civil Procedure' 'vexatious Proceedings' 'family Law' 'criminal Procedure'] ['summary Dismissal Under UCPR R 13.4' 'vexatious Proceedings Orders' 'issue Estoppel and Res Judicata' 'attempt to Relitigate Findings About Text Messages and Video Evidence' 'jurisdiction to Make Child Recovery Orders']

Case Brief

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Procedural Posture

Civil Procedure Application Concerning Summary Dismissal and Vexatious Proceedings Orders / Notice of Motion to Dismiss Summons and Seek Vexatious Proceedings Orders; Plaintiff's Summons Filed 11 April 2022

Legal Issues

  1. 1 ['Whether the summons filed 11 April 2022 should be dismissed as frivolous or vexatious, disclosing no reasonable cause of action, or an abuse of process under Uniform Civil Procedure Rules 2005 (NSW) r 13.4.' 'Whether Jabbar could relitigate allegations that text messages dated 25 July 2015 and video recordings dated 9 March 2013 were not true.' 'Whether the Supreme Court had jurisdiction to order the Federal Police to recover the children and hand them to Jabbar.' 'Whether Jabbar should be declared not vexatious or prohibited from instituting proceedings in New South Wales under the Vexatious Proceedings Act 2008 (NSW).' 'What costs order should be made.']

Ratio Decidendi

The summons was dismissed because the issues concerning the text messages and video recordings had already been carefully analysed and adjudicated in earlier Federal Circuit Court, Full Court and Supreme Court proceedings and were subject to issue estoppel and res judicata; Jabbar showed no reasonable cause of action; the request for child recovery orders was outside this Court's jurisdiction; and the matters raised were hopeless. Although Jabbar had frequently instituted or conducted vexatious proceedings in the Federal Circuit Court, she had achieved some measure of success in New South Wales proceedings, so it was not appropriate at this stage to prohibit her from instituting...

Court Disposition

The summons filed 11 April 2022 was dismissed; the Court declined to make an order prohibiting Jabbar from instituting proceedings in New South Wales; each party was ordered to pay their own costs.

Orders

  • ['The summons filed 11 April 2022 is dismissed.' 'Each party is to pay their own costs.']