Potkonyak & Ors v Commonwealth of Australia [2009] NSWDC 198

Potkonyak & Ors v Commonwealth of Australia [2009] NSWDC 198

The plaintiffs' statement of claim was struck out and proceedings dismissed because the claim was frivolous, vexatious, failed to disclose a reasonable cause of action, constituted an abuse of process, and sought to mount an impermissible collateral attack on Family Court decisions; their application for identity discovery was also dismissed, as any potential claims against further parties were either futile due to limitation, lacked evidence, or were not justiciable.

Parties
First Plaintiff: George Potkonyak; Second Plaintiff: Jacob Potkonyak; Third Plaintiff: Daniel Potkonyak bhnf George Potkonyak; Defendant: Commonwealth of Australia; Respondent to the Summons: Robert Walsh
Jurisdiction
Australia
Judgment Date
16 September 2009
Procedural Posture
Civil / Interlocutory Judgment on Discovery and Strike Out Motion
Outcome
Plaintiffs' proceedings dismissed; statement of claim struck out; summons for identity discovery dismissed
Legal Topics
Identity Discovery, Strike Out Application, Summary Dismissal, Judicial Immunity, Collateral Attack on Court Decision
Practice and Procedure Identity Discovery Strike Out Application Summary Dismissal Judicial Immunity Collateral Attack on Court Decision

Case Brief

Summary, issues, holding and outcome

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Parties

George Potkonyak

First Plaintiff

Jacob Potkonyak

Second Plaintiff

Daniel Potkonyak bhnf George Potkonyak

Third Plaintiff

Commonwealth of Australia

Defendant

Robert Walsh

Respondent to the Summons

Procedural Posture

Civil / Interlocutory Judgment on Discovery and Strike Out Motion

Legal Issues

  1. 1 Whether plaintiffs established threshold for identity discovery
  2. 2 Whether statement of claim should be struck out as frivolous, vexatious, not disclosing a reasonable cause of action, or an abuse of process

Ratio Decidendi

The plaintiffs' statement of claim was struck out and proceedings dismissed because the claim was frivolous, vexatious, failed to disclose a reasonable cause of action, constituted an abuse of process, and sought to mount an impermissible collateral attack on Family Court decisions; their application for identity discovery was also dismissed, as any potential claims against further parties were either futile due to limitation, lacked evidence, or were not justiciable.

Court Disposition

Plaintiffs' proceedings dismissed; statement of claim struck out; summons for identity discovery dismissed

Orders

  • Plaintiffs' summons seeking discovery is dismissed
  • Respondent to the summons (Walsh) to pay plaintiffs' costs of the discovery summons