Frank Raleigh Witt v Kenneth Alan Cox [2006] NSWSC 1427

Frank Raleigh Witt v Kenneth Alan Cox [2006] NSWSC 1427

The proceedings brought by the plaintiff are an abuse of process as they seek to re-agitate issues already decided by the Local Court and Supreme Court, are subject to res judicata and issue estoppel, and are frivolous and vexatious; therefore, the Summons must be struck out, the proceedings dismissed, and the plaintiff declared a vexatious litigant.

Parties
Plaintiff: Frank Raleigh Witt; Defendant: Kenneth Alan Cox
Jurisdiction
Australia
Judgment Date
21 December 2006
Procedural Posture
Civil / Judgment on Motion to Strike Out and Vexatious Litigant Application
Outcome
Plaintiff's Summons struck out, proceedings dismissed, plaintiff declared vexatious litigant, costs ordered against plaintiff.
Legal Topics
Strike Out Application, Abuse of Process, Res Judicata, Issue Estoppel, Vexatious Litigant Order
Civil Procedure Strike Out Application Abuse of Process Res Judicata Issue Estoppel Vexatious Litigant Order

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 2 Party arguments 2
Sign in to unlock

Parties

Frank Raleigh Witt

Plaintiff

Kenneth Alan Cox

Defendant

Procedural Posture

Civil / Judgment on Motion to Strike Out and Vexatious Litigant Application

Legal Issues

  1. 1 Whether the plaintiff's Summons should be struck out as an abuse of process or disclosing no reasonable cause of action
  2. 2 Whether the proceedings are res judicata or subject to issue estoppel
  3. 3 Whether the plaintiff should be declared a vexatious litigant under s84(2) of the Supreme Court Act 1970 (NSW)

Ratio Decidendi

The proceedings brought by the plaintiff are an abuse of process as they seek to re-agitate issues already decided by the Local Court and Supreme Court, are subject to res judicata and issue estoppel, and are frivolous and vexatious; therefore, the Summons must be struck out, the proceedings dismissed, and the plaintiff declared a vexatious litigant.

Court Disposition

Plaintiff's Summons struck out, proceedings dismissed, plaintiff declared vexatious litigant, costs ordered against plaintiff.

Orders

  • The plaintiff's Summons filed on 2 August 2006 be struck out.
  • The proceedings be dismissed.