HOARE v LUCCHETTI & 20 Ors [2002] NSWSC 702

HOARE v LUCCHETTI & 20 Ors [2002] NSWSC 702

The summons is dismissed because it discloses no cause of action in negligence (damage is not pleaded), criminal claims cannot be brought in this Division or by summons, the pleadings are embarrassing and an abuse of process, and the eighteenth and nineteenth defendants (judges) have immunity for judicial acts.

Jurisdiction
Australia
Judgment Date
31 July 2002
Procedural Posture
Civil / Judgment on Motions for Summary Dismissal
Outcome
Summons dismissed against all defendants; plaintiff to pay costs.
Legal Topics
['negligence' 'judicial Immunity' 'abuse of Process' 'summary Dismissal']
['civil Procedure' 'tort Law'] ['negligence' 'judicial Immunity' 'abuse of Process' 'summary Dismissal']

Case Brief

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Procedural Posture

Civil / Judgment on Motions for Summary Dismissal

Legal Issues

  1. 1 ['Whether the plaintiff’s claim discloses a cause of action in negligence without pleading damage.' 'Whether claims of criminal negligence and reckless indifference can be brought by summons in this Division.' 'Whether judges (eighteenth and nineteenth defendants) are immune from liability for acts in judicial capacity.' 'Whether the pleadings are embarrassing or an abuse of process.']

Ratio Decidendi

The summons is dismissed because it discloses no cause of action in negligence (damage is not pleaded), criminal claims cannot be brought in this Division or by summons, the pleadings are embarrassing and an abuse of process, and the eighteenth and nineteenth defendants (judges) have immunity for judicial acts.

Court Disposition

Summons dismissed against all defendants; plaintiff to pay costs.

Orders

  • ['Leave granted to first and second defendants to file notice of motion forthwith.' 'Leave granted to fourth to seventeenth defendants to join in the motion of the twentieth defendant.' 'Summons dismissed against all defendants.' 'Plaintiff to pay defendants’ costs.']