Young v Racing NSW (ABN 862 816 044 17) [2019] NSWDC 662

Young v Racing NSW (ABN 862 816 044 17) [2019] NSWDC 662

The proceedings are struck out and dismissed under rr 13.4 and 14.28 Uniform Civil Procedure Rules 2005 (NSW) as they disclose no reasonable cause of action for defamation or negligence, are hopelessly pleaded, do not identify any actionable publication, and are an abuse of process seeking a collateral advantage.

Jurisdiction
Australia
Judgment Date
14 November 2019
Procedural Posture
Civil / Application for Summary Dismissal
Outcome
proceedings struck out and dismissed
Legal Topics
['defamation' 'negligence' 'abuse of Process' 'pleadings' 'summary Dismissal']
['tort' 'civil Procedure'] ['defamation' 'negligence' 'abuse of Process' 'pleadings' 'summary Dismissal']

Case Brief

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Procedural Posture

Civil / Application for Summary Dismissal

Legal Issues

  1. 1 ['Whether the pleadings disclose a reasonable cause of action for defamation or negligence' 'Whether the proceedings are an abuse of process' 'Whether the claims should be struck out for being frivolous, vexatious, or for failing to comply with procedural rules']

Ratio Decidendi

The proceedings are struck out and dismissed under rr 13.4 and 14.28 Uniform Civil Procedure Rules 2005 (NSW) as they disclose no reasonable cause of action for defamation or negligence, are hopelessly pleaded, do not identify any actionable publication, and are an abuse of process seeking a collateral advantage.

Court Disposition

proceedings struck out and dismissed

Orders

  • ['Pursuant to rr 13.4 and 14.28 Uniform Civil Procedure Rules 2005 (NSW), these proceedings are struck out and dismissed.' 'Costs reserved, with liberty to apply.']