Wilson v New South Wales Sheriff [2006] NSWSC 991

Wilson v New South Wales Sheriff [2006] NSWSC 991

The claim advanced by Mr Wilson disclosed no cause of action, had no prospects of success, and was correctly dismissed pursuant to Uniform Civil Procedure Rules Pt 13 r 13.4.

Parties
Plaintiff: John Wilson; Defendant: New South Wales Sheriff
Jurisdiction
Australia
Judgment Date
19 September 2006
Procedural Posture
Civil / Summary Judgment (motion to Dismiss)
Outcome
Proceedings dismissed generally.
Legal Topics
Summary Judgment, Execution Proceedings, Jurisdiction, Trial by Jury
Civil Procedure Summary Judgment Execution Proceedings Jurisdiction Trial by Jury

Case Brief

Summary, issues, holding and outcome

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Parties

John Wilson

Plaintiff

New South Wales Sheriff

Defendant

Procedural Posture

Civil / Summary Judgment (motion to Dismiss)

Legal Issues

  1. 1 Whether the Statement of Claim discloses a reasonable cause of action
  2. 2 Whether the proceedings are frivolous or vexatious
  3. 3 Whether a valid judgment can be entered without a jury trial

Ratio Decidendi

The claim advanced by Mr Wilson disclosed no cause of action, had no prospects of success, and was correctly dismissed pursuant to Uniform Civil Procedure Rules Pt 13 r 13.4.

Court Disposition

Proceedings dismissed generally.

Orders

  • Statement of Claim filed on 10 August 2006 dismissed pursuant to Pt 13 r 13.4 of Uniform Civil Procedure Rules
  • John Wilson to pay the costs of the moving party