WILSON v HATZISTERGOS & ANOR [2008] NSWSC 230

WILSON v HATZISTERGOS & ANOR [2008] NSWSC 230

The statement of claim was struck out because the relief sought was not obtainable by law, the pleading did not state material facts capable of justifying that relief, it disclosed no reasonable cause of action, and the proceedings were manifestly frivolous and vexatious.

Jurisdiction
Australia
Judgment Date
04 March 2008
Procedural Posture
Statement of Claim in the Common Law Division / Defendants' Notice of Motion to Strike Out the Statement of Claim or Dismiss the Proceedings
Outcome
Statement of Claim struck out pursuant to Part 14 Rule 14.28 of the Uniform Civil Procedure Rules 2005.
Legal Topics
['strike Out' 'frivolous and Vexatious Proceedings' 'no Reasonable Cause of Action' 'crown Copyright' 'jurisdiction of Jury']
['civil Procedure' 'copyright'] ['strike Out' 'frivolous and Vexatious Proceedings' 'no Reasonable Cause of Action' 'crown Copyright' 'jurisdiction of Jury']

Case Brief

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Procedural Posture

Statement of Claim in the Common Law Division / Defendants' Notice of Motion to Strike Out the Statement of Claim or Dismiss the Proceedings

Legal Issues

  1. 1 ["Whether the plaintiff's statement of claim disclosed any reasonable cause of action." 'Whether the proceedings were manifestly frivolous and vexatious.' 'Whether the relief sought by the plaintiff, including jury adjudications and severe censure, was available in the Supreme Court of New South Wales.' 'Whether the plaintiff pleaded material facts capable of justifying the relief sought.']

Ratio Decidendi

The statement of claim was struck out because the relief sought was not obtainable by law, the pleading did not state material facts capable of justifying that relief, it disclosed no reasonable cause of action, and the proceedings were manifestly frivolous and vexatious.

Court Disposition

Statement of Claim struck out pursuant to Part 14 Rule 14.28 of the Uniform Civil Procedure Rules 2005.

Orders

  • ['Statement of Claim struck out pursuant to Part 14 Rule 14.28 of the Uniform Civil Procedure Rules 2005.' "Plaintiff to pay the defendants' costs of this motion and the costs of the proceedings."]