Hassan v Sydney Local Health District [2022] NSWSC 954

Hassan v Sydney Local Health District [2022] NSWSC 954

The proceedings under the Amended Summons are so clearly untenable that they cannot possibly succeed, disclose no reasonable cause of action, are an abuse of process, and are frivolous or vexatious. There is no jurisdiction for the relief sought, including against judicial officers, referral to police or prosecutors, legislation changes, or judicial review of prior Court orders. In the circumstances, the proceedings are summarily dismissed under r 13.4 of the UCPR.

Jurisdiction
Australia
Judgment Date
26 July 2022
Procedural Posture
Judicial Review / Summary Dismissal Application / Final Orders on Summary Dismissal Motions
Outcome
Summarily dismissed
Legal Topics
['summary Dismissal' 'abuse of Process' 'frivolous or Vexatious Proceedings' 'judicial Immunity' 'judicial Review' 'procedural Fairness' 'costs']
['civil Procedure'] ['summary Dismissal' 'abuse of Process' 'frivolous or Vexatious Proceedings' 'judicial Immunity' 'judicial Review' 'procedural Fairness' 'costs']

Case Brief

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Procedural Posture

Judicial Review / Summary Dismissal Application / Final Orders on Summary Dismissal Motions

Legal Issues

  1. 1 ['Whether the proceedings under the Amended Summons should be summarily dismissed for being an abuse of process, frivolous or vexatious, and disclosing no reasonable cause of action.' 'Whether there is jurisdiction to grant relief sought against judicial officers, including suspension or removal.' 'Whether claims to refer parties to the police or the CDPP disclose any cause of action.' 'Whether orders seeking changes to legislation or orders for costs should be summarily dismissed.' 'Whether judicial review lies against previous decisions of the Supreme Court or appellate court.' 'Whether decisions of the Judicial Commission are judicially reviewable in the circumstances.']

Ratio Decidendi

The proceedings under the Amended Summons are so clearly untenable that they cannot possibly succeed, disclose no reasonable cause of action, are an abuse of process, and are frivolous or vexatious. There is no jurisdiction for the relief sought, including against judicial officers, referral to police or prosecutors, legislation changes, or judicial review of prior Court orders. In the circumstances, the proceedings are summarily dismissed under r 13.4 of the UCPR.

Court Disposition

Summarily dismissed

Orders

  • ['Pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW), the Amended Summons is summarily dismissed.' 'Costs are reserved.' 'Any future directions listings in the Amended Summons is vacated.']