Bird v Bird (No 2) [2012] NSWSC 646

Bird v Bird (No 2) [2012] NSWSC 646

It is not appropriate to deal with the defendants' motions to strike out pleadings as frivolous and vexatious at this stage of proceedings; determination requires examination of all material relied upon by the plaintiff, which should occur at trial.

Jurisdiction
Australia
Judgment Date
05 March 2012
Procedural Posture
Motion to Strike Out Pleadings / First Day of Hearing
Outcome
The defendants' motions dismissed.
Legal Topics
['frivolous and Vexatious Proceedings' 'strike Out Applications' 'supreme Court Procedure']
['civil Procedure'] ['frivolous and Vexatious Proceedings' 'strike Out Applications' 'supreme Court Procedure']

Case Brief

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Procedural Posture

Motion to Strike Out Pleadings / First Day of Hearing

Legal Issues

  1. 1 ["Whether the plaintiff's claim is frivolous and vexatious" 'Whether the pleadings should be struck out at the commencement of hearing']

Ratio Decidendi

It is not appropriate to deal with the defendants' motions to strike out pleadings as frivolous and vexatious at this stage of proceedings; determination requires examination of all material relied upon by the plaintiff, which should occur at trial.

Court Disposition

The defendants' motions dismissed.

Orders

  • ['The first, second and third defendants will have to pay the costs of the motions.']