Wilson v Carr [2002] NSWSC 184

Wilson v Carr [2002] NSWSC 184

The proceedings are entirely misconceived, do not disclose a cause of action, and there is no legal right to a jury trial in these circumstances. Accordingly, the summons should be dismissed and proceedings permanently stayed.

Jurisdiction
Australia
Judgment Date
18 February 2002
Procedural Posture
Civil / Summary Determination
Outcome
Summons dismissed and proceedings permanently stayed; costs awarded to the defendant.
Legal Topics
['pleading and Particulars' 'summary Relief' 'failure to Disclose Cause of Action']
['constitutional Law' 'civil Procedure'] ['pleading and Particulars' 'summary Relief' 'failure to Disclose Cause of Action']

Case Brief

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Procedural Posture

Civil / Summary Determination

Legal Issues

  1. 1 ['Whether the plaintiff has disclosed a cause of action' 'Whether the plaintiff is entitled to a trial by jury in these proceedings']

Ratio Decidendi

The proceedings are entirely misconceived, do not disclose a cause of action, and there is no legal right to a jury trial in these circumstances. Accordingly, the summons should be dismissed and proceedings permanently stayed.

Court Disposition

Summons dismissed and proceedings permanently stayed; costs awarded to the defendant.

Orders

  • ['Order dismissing the summons filed on 14 January 2002' 'Order that proceedings on the summons be permanently stayed' "Order that plaintiff pay defendant's costs of the motion and the summons"]