Denis Valassis v The Council of The City of Sydney & Anor [2002] NSWSC 559

Denis Valassis v The Council of The City of Sydney & Anor [2002] NSWSC 559

The statement of claim was no more than a mechanism to further litigate matters concerning 304A Chalmers Street, Redfern that had already been dealt with to finality, and in light of the litigation history and the pleading defects the proceedings were frivolous, vexatious and an abuse of process and also amenable to being struck out for gross non-compliance and disclosing no reasonable cause of action.

Jurisdiction
Australia
Judgment Date
03 June 2002
Procedural Posture
Summary Dismissal / Defendants' Notices of Motion Seeking to Bring the Proceedings to an End
Outcome
Defendants' motions allowed; proceedings dismissed; plaintiff ordered to pay the defendants' costs of the motions and proceedings.
Legal Topics
['summary Dismissal' 'strike Out' 'abuse of Process' 'vexatious Proceedings' 'pleading Non Compliance']
['civil Procedure'] ['summary Dismissal' 'strike Out' 'abuse of Process' 'vexatious Proceedings' 'pleading Non Compliance']

Case Brief

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Procedural Posture

Summary Dismissal / Defendants' Notices of Motion Seeking to Bring the Proceedings to an End

Legal Issues

  1. 1 ["Whether the plaintiff's proceedings should be dismissed as frivolous, vexatious and an abuse of process under SCR Pt 13 r 5." 'Whether the statement of claim, including allegations against the second defendant of slander, breach of duty and conspiracy, should be struck out under Pt 15 r 26 for non-compliance, prejudice, embarrassment, delay and disclosing no reasonable cause of action.' 'Whether the current proceedings were an attempt to further agitate matters concerning 304A Chalmers Street, Redfern that had already been dealt with to finality.']

Ratio Decidendi

The statement of claim was no more than a mechanism to further litigate matters concerning 304A Chalmers Street, Redfern that had already been dealt with to finality, and in light of the litigation history and the pleading defects the proceedings were frivolous, vexatious and an abuse of process and also amenable to being struck out for gross non-compliance and disclosing no reasonable cause of action.

Court Disposition

Defendants' motions allowed; proceedings dismissed; plaintiff ordered to pay the defendants' costs of the motions and proceedings.

Orders

  • ["The first defendant's notice of motion is to be heard at the same time as the notice of motion for the second defendant." 'The proceedings are dismissed under SCR Pt 13 r 5 as frivolous, vexatious and an abuse of process.' "The plaintiff is to pay the defendants' costs of the motion and of the proceedings...