Sousa v Baron [2007] NSWSC 107

The prayers for relief in the summons made no sense and the summons in its present form was clearly not tenable, so it was dismissed under r 13.4(1)(b).

Jurisdiction: Australia
Judgment Date: 16 February 2007
Procedural Posture: Application for Dismissal of Summons / Summary Dismissal
Outcome: Proceedings summarily dismissed.
Legal Topics: ['supreme Court Procedure' 'summary Dismissal' 'uniform Civil Procedure Rules 2005 R 13.4(1)(b)']

['civil Procedure'] ['supreme Court Procedure' 'summary Dismissal' 'uniform Civil Procedure Rules 2005 R 13.4(1)(b)']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Dismissal of Summons / Summary Dismissal

Legal Issues

1 ['Whether the summons should be dismissed under Uniform Civil Procedure Rules 2005 r 13.4(1)(b).' 'Whether the summons in its present form was tenable.']

Ratio Decidendi

The prayers for relief in the summons made no sense and the summons in its present form was clearly not tenable, so it was dismissed under r 13.4(1)(b).

Court Disposition

Proceedings summarily dismissed.

Orders

['I order that the summons be dismissed.' "I order that the plaintiff pay the defendants' costs of the proceedings."]