McGettigan v Estate of the Late Beverley Teresa McGettigan [2023] NSWSC 1641

McGettigan v Estate of the Late Beverley Teresa McGettigan [2023] NSWSC 1641

The plaintiff's claims, being repetitions of previously determined claims based on fraudulent documents, constitute an abuse of process and vexatious proceedings; the statutory threshold under s 8 of the Vexatious Proceedings Act 2008 (NSW) is met, justifying both striking out and a vexatious proceedings order, including a stay and prohibition on further related proceedings without leave.

Parties
Plaintiff: John Patrick McGettigan; First Defendant: Estate of Beverley Teresa McGettigan; Second Defendant: Glenn Patrick Coulter; Third Defendant: Rhonda Anne Coulter
Jurisdiction
Australia
Judgment Date
22 December 2023
Procedural Posture
Civil / Striking Out Application and Vexatious Litigant Declaration
Outcome
Statement of claim struck out; proceedings permanently stayed; plaintiff declared vexatious litigant and prohibited from bringing further proceedings without leave; plaintiff's motions dismissed; costs to defendants.
Legal Topics
Pleadings, Striking Out, Abuse of Process, Vexatious Proceedings, Stay of Proceedings
Civil Procedure Equity Pleadings Striking Out Abuse of Process Vexatious Proceedings Stay of Proceedings

Case Brief

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Parties

John Patrick McGettigan

Plaintiff

Estate of Beverley Teresa McGettigan

First Defendant

Glenn Patrick Coulter

Second Defendant

Rhonda Anne Coulter

Third Defendant

Procedural Posture

Civil / Striking Out Application and Vexatious Litigant Declaration

Legal Issues

  1. 1 Whether the statement of claim should be struck out as an abuse of process
  2. 2 Whether the plaintiff has instituted vexatious proceedings
  3. 3 Whether a vexatious proceedings order should be made against the plaintiff

Ratio Decidendi

The plaintiff's claims, being repetitions of previously determined claims based on fraudulent documents, constitute an abuse of process and vexatious proceedings; the statutory threshold under s 8 of the Vexatious Proceedings Act 2008 (NSW) is met, justifying both striking out and a vexatious proceedings order, including a stay and prohibition on further related proceedings without leave.

Court Disposition

Statement of claim struck out; proceedings permanently stayed; plaintiff declared vexatious litigant and prohibited from bringing further proceedings without leave; plaintiff's motions dismissed; costs to defendants.

Orders

  • The plaintiff's statement of claim in proceedings 2023/192712 is struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW).
  • The plaintiff's motions filed on 28 June 2023 and 27 October 2023 are dismissed.