Jay v Petrikas [2022] NSWSC 1497

Jay v Petrikas [2022] NSWSC 1497

The Court has no power to make declarations that merely state an allegation is false where such a declaration does not determine any legal or equitable right; accordingly, those parts of the plaintiffs' statement of claim seeking such declarations are dismissed as frivolous or vexatious pursuant to r 13.4. The remainder of the statement of claim is struck out under r 14.28 due to pleading deficiencies causing prejudice or embarrassment, but plaintiffs may replead if they can rectify those deficiencies.

Jurisdiction
Australia
Judgment Date
03 November 2022
Procedural Posture
Civil / Interlocutory/summary Determination
Outcome
Plaintiffs' claims for declarations of falsity dismissed; statement of claim otherwise struck out; applications dismissed; costs ordered against plaintiffs.
Legal Topics
['summary Disposal' 'frivolous or Vexatious Proceedings' 'pleadings' 'declaratory Relief' 'striking Out' 'injurious Falsehood']
['civil Procedure' 'equity'] ['summary Disposal' 'frivolous or Vexatious Proceedings' 'pleadings' 'declaratory Relief' 'striking Out' 'injurious Falsehood']

Case Brief

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Procedural Posture

Civil / Interlocutory/summary Determination

Legal Issues

  1. 1 ['Whether the Court has power to make declarations merely as to the falsity in fact of allegations without an identified legal consequence' "Whether the plaintiffs' statement of claim should be dismissed or struck out for disclosing no reasonable cause of action or being an abuse of process" 'Adequacy of pleadings in alleging breaches of service standards by defendants']

Ratio Decidendi

The Court has no power to make declarations that merely state an allegation is false where such a declaration does not determine any legal or equitable right; accordingly, those parts of the plaintiffs' statement of claim seeking such declarations are dismissed as frivolous or vexatious pursuant to r 13.4. The remainder of the statement of claim is struck out under r 14.28 due to pleading deficiencies causing prejudice or embarrassment, but plaintiffs may replead if they can rectify those deficiencies.

Court Disposition

Plaintiffs' claims for declarations of falsity dismissed; statement of claim otherwise struck out; applications dismissed; costs ordered against plaintiffs.

Orders

  • ["The plaintiffs' claims in prayers 1(a)(i), 1(b)(i), 1(c)(i), 1(d)(i), 1(e)(i), 1(f)(i), 1(g)(i), 1(h)(i), 1(i)(i), 1(j)(i), 1(k)(i), and 1(l)(i) are dismissed pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 13.4." "The plaintiffs' statement of claim is otherwise struck out pursuant to Uniform Civil...