Zepinic v Chateau Constructions (Aust) Limited [2016] NSWSC 1254

Zepinic v Chateau Constructions (Aust) Limited [2016] NSWSC 1254

The plaintiffs' claim fails to raise any arguable legal issue, is repetitive of matters previously determined, and cannot succeed given the paramount interest of the registered proprietors and the completed sale. The proceeding is dismissed for want of reasonable cause of action and as an abuse of process.

Parties
First Plaintiff: Nina Zepinic; Second Plaintiff: Vito Zepinic (also known as Vitomir Zepinic); Defendant: Chateau Constructions (Aust) Limited
Jurisdiction
Australia
Judgment Date
05 September 2016
Procedural Posture
Equity Proceeding / Summary Dismissal
Outcome
Proceeding dismissed
Legal Topics
Summary Dismissal, Vexatious Proceedings, Registered Proprietor, Trusts, Costs
Civil Procedure Property Law Summary Dismissal Vexatious Proceedings Registered Proprietor Trusts Costs

Case Brief

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Parties

Nina Zepinic

First Plaintiff

Vito Zepinic (also known as Vitomir Zepinic)

Second Plaintiff

Chateau Constructions (Aust) Limited

Defendant

Procedural Posture

Equity Proceeding / Summary Dismissal

Legal Issues

  1. 1 Whether the proceeding should be summarily dismissed for failing to disclose a reasonable cause of action
  2. 2 Whether claims about ownership by Nina Zepinic have any legal relevance
  3. 3 Whether repeated litigation amounts to vexatious proceedings

Ratio Decidendi

The plaintiffs' claim fails to raise any arguable legal issue, is repetitive of matters previously determined, and cannot succeed given the paramount interest of the registered proprietors and the completed sale. The proceeding is dismissed for want of reasonable cause of action and as an abuse of process.

Court Disposition

Proceeding dismissed

Orders

  • Order that the proceeding be dismissed.
  • Order that the plaintiffs' notice of motion filed on 8 June 2016 be dismissed.