Reznitsky v Quinn & Ors [2007] NSWSC 150

Reznitsky v Quinn & Ors [2007] NSWSC 150

The claim against the tenth defendant should be struck out because it discloses no reasonable cause of action, the proceedings are futile, the tenth defendant had no involvement in the criminal or appeal proceedings, no identifiable error of law exists, and any appeal avenue has expired.

Jurisdiction
Australia
Judgment Date
06 March 2007
Procedural Posture
Notice of Motion to Strike Out Claim / Decision on Notice of Motion
Outcome
Strike out granted
Legal Topics
['strike Out Proceedings' 'frivolous and Vexatious Claims' 'judicial Review' 'appeal of Criminal Conviction']
['civil Procedure'] ['strike Out Proceedings' 'frivolous and Vexatious Claims' 'judicial Review' 'appeal of Criminal Conviction']

Case Brief

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Procedural Posture

Notice of Motion to Strike Out Claim / Decision on Notice of Motion

Legal Issues

  1. 1 ['Whether the amended summons against the tenth defendant discloses a reasonable cause of action or is an abuse of process' "Whether there is any arguable issue of law justifying the court's supervisory jurisdiction against findings made in the Local Court and District Court"]

Ratio Decidendi

The claim against the tenth defendant should be struck out because it discloses no reasonable cause of action, the proceedings are futile, the tenth defendant had no involvement in the criminal or appeal proceedings, no identifiable error of law exists, and any appeal avenue has expired.

Court Disposition

Strike out granted

Orders

  • ['The claim against the tenth defendant in the fourth amended summons is struck out.' "The plaintiff is to pay the tenth defendant's costs of the notice of motion."]