Jambrecina v S T White & Ors [2005] NSWSC 1102

Jambrecina v S T White & Ors [2005] NSWSC 1102

The proceedings are struck out and dismissed because the plaintiff is an undischarged bankrupt and, thus, lacks standing to maintain the proceedings, and in any event, the facts alleged disclose no cause of action due to the immunities of counsel and judges.

Parties
Plaintiff: Drago Jambrecina; First Defendant: S T White; Second Defendant: Hugh Marshall; Third Defendant: Attorney General of New South Wales
Jurisdiction
Australia
Judgment Date
03 November 2005
Procedural Posture
Civil / Motion to Dismiss
Outcome
Proceedings dismissed
Legal Topics
Bankruptcy, Vexatious Litigant, Immunity of Counsel, Cause of Action
Common Law Bankruptcy Vexatious Litigant Immunity of Counsel Cause of Action

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Drago Jambrecina

Plaintiff

S T White

First Defendant

Hugh Marshall

Second Defendant

Attorney General of New South Wales

Third Defendant

Procedural Posture

Civil / Motion to Dismiss

Legal Issues

  1. 1 Whether an undischarged bankrupt has the right to commence or continue proceedings
  2. 2 Whether the plaintiff is precluded from bringing proceedings as a vexatious litigant
  3. 3 Whether there is any cause of action against counsel or the Attorney General considering the immunity of counsel and judges

Ratio Decidendi

The proceedings are struck out and dismissed because the plaintiff is an undischarged bankrupt and, thus, lacks standing to maintain the proceedings, and in any event, the facts alleged disclose no cause of action due to the immunities of counsel and judges.

Court Disposition

Proceedings dismissed

Orders

  • The proceedings be dismissed
  • The plaintiff pay each defendant's costs as taxed or agreed