Murphy v Zeitouneh [2015] NSWSC 876

Murphy v Zeitouneh [2015] NSWSC 876

The amended statement of claim disclosed no arguable cause of action against the defendants. The second defendant was the sole registered proprietor of the Property, the plaintiff's alleged entitlement based on a wager, the Property's use as a church, and his asserted status as the Messiah did not provide any exception to indefeasibility, and the notices to admit facts relied on by the plaintiff had no effect because they were dated before or on commencement of the proceedings. The proceedings were vexatious and were dismissed.

Jurisdiction
Australia
Judgment Date
02 July 2015
Procedural Posture
Common Law Proceedings Seeking Possession of Property; Application for Summary Dismissal / Defendants' Notice of Motion Filed on 24 June 2015 for Dismissal Under UCPR R 13.4(1) or Alternatively Strike Out Under UCPR R 14.28(1)
Outcome
The proceedings were dismissed and the plaintiff was ordered to pay the defendants' costs of the proceedings, including the costs of the notice of motion filed on 24 June 2015.
Legal Topics
['summary Dismissal' 'strike Out' 'no Arguable Cause of Action' 'vexatious Proceedings' 'notices to Admit Facts' 'indefeasibility of Title' 'possession of Land']
['practice and Procedure' 'property Law'] ['summary Dismissal' 'strike Out' 'no Arguable Cause of Action' 'vexatious Proceedings' 'notices to Admit Facts' 'indefeasibility of Title' 'possession of Land']

Case Brief

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Procedural Posture

Common Law Proceedings Seeking Possession of Property; Application for Summary Dismissal / Defendants' Notice of Motion Filed on 24 June 2015 for Dismissal Under UCPR R 13.4(1) or Alternatively Strike Out Under UCPR R 14.28(1)

Legal Issues

  1. 1 ['Whether the amended statement of claim disclosed an arguable cause of action to possession of 2A Cannon Street Stanmore against the registered proprietor.' 'Whether notices to admit facts dated before or on commencement of the proceedings could bind the defendants or support judgment on admissions.' "Whether the plaintiff's alleged status as the Messiah, or the prior use of the property as a church, provided any exception to indefeasibility under the Real Property Act 1900 (NSW)."]

Ratio Decidendi

The amended statement of claim disclosed no arguable cause of action against the defendants. The second defendant was the sole registered proprietor of the Property, the plaintiff's alleged entitlement based on a wager, the Property's use as a church, and his asserted status as the Messiah did not provide any exception to indefeasibility, and the notices to admit facts relied on by the plaintiff had no effect because they were dated before or on commencement of the proceedings. The proceedings were vexatious and were dismissed.

Court Disposition

The proceedings were dismissed and the plaintiff was ordered to pay the defendants' costs of the proceedings, including the costs of the notice of motion filed on 24 June 2015.

Orders

  • ['The proceedings be dismissed.' "Order the plaintiff to pay the defendants' costs of the proceedings, including the costs of the notice of motion filed on 24 June 2015."]