Dimarti v AB Law Group Pty Ltd [2023] NSWSC 1595

Dimarti v AB Law Group Pty Ltd [2023] NSWSC 1595

The proceedings will not be dismissed as vexatious or hopeless, as the issue of fraud is real and must be litigated. Substantial irregularities in the summons require rectification, but leave is given to amend and apply for extension of time.

Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Summary Dismissal Application / Interlocutory; Hearing of Motion to Dismiss as Vexatious
Outcome
Leave to amend summons granted; proceedings not dismissed; costs of motion to defendant; suppression orders continued.
Legal Topics
['summary Disposal' 'vexatious Proceedings' 'costs Assessment' 'application for Extension of Time']
['civil Procedure' 'equity'] ['summary Disposal' 'vexatious Proceedings' 'costs Assessment' 'application for Extension of Time']

Case Brief

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Procedural Posture

Summary Dismissal Application / Interlocutory; Hearing of Motion to Dismiss as Vexatious

Legal Issues

  1. 1 ['Whether the proceedings should be dismissed as frivolous or vexatious' 'Whether the summons discloses any cause of action' 'Whether the costs assessment was procured by fraud' 'Whether the plaintiffs can appeal the costs assessment decision out of time']

Ratio Decidendi

The proceedings will not be dismissed as vexatious or hopeless, as the issue of fraud is real and must be litigated. Substantial irregularities in the summons require rectification, but leave is given to amend and apply for extension of time.

Court Disposition

Leave to amend summons granted; proceedings not dismissed; costs of motion to defendant; suppression orders continued.

Orders

  • ['Plaintiffs have leave to file an amended summons by 25 January 2024.' 'Amended summons must explicitly state appeal is from costs panel and include application for extension of time.' "Plaintiffs to pay defendant's costs of the motion filed on 19 October 2023." 'Any orders regarding trust account are capped at...