Golden v Littleproud [2019] NSWSC 120

Golden v Littleproud [2019] NSWSC 120

The plaintiff's pleadings disclose no reasonable cause of action, are prolix, unintelligible, embarrassing, contain unsupported allegations, and constitute an abuse of process by attempting to relitigate claims already determined in previous proceedings. No facts are pleaded capable of supporting the elements of misfeasance in public office as against the defendant, and most alleged conduct predates the defendant's appointment. The claim is hopeless and cannot possibly succeed.

Jurisdiction
Australia
Judgment Date
22 February 2019
Procedural Posture
Civil / Summary Judgment and Strike Out Application
Outcome
Proceedings dismissed
Legal Topics
['summary Judgment' 'defective Pleading' 'abuse of Process' 'misfeasance in Public Office']
['procedure' 'torts'] ['summary Judgment' 'defective Pleading' 'abuse of Process' 'misfeasance in Public Office']

Case Brief

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Procedural Posture

Civil / Summary Judgment and Strike Out Application

Legal Issues

  1. 1 ['Whether the pleadings disclose a reasonable cause of action against the defendant' 'Whether the pleadings are frivolous, vexatious, or an abuse of process' 'Whether the pleadings are embarrassing or defective' 'Whether the claim for misfeasance in public office is adequately pleaded']

Ratio Decidendi

The plaintiff's pleadings disclose no reasonable cause of action, are prolix, unintelligible, embarrassing, contain unsupported allegations, and constitute an abuse of process by attempting to relitigate claims already determined in previous proceedings. No facts are pleaded capable of supporting the elements of misfeasance in public office as against the defendant, and most alleged conduct predates the defendant's appointment. The claim is hopeless and cannot possibly succeed.

Court Disposition

Proceedings dismissed

Orders

  • ['These proceedings are dismissed.' "The plaintiff is to pay the defendant's costs on an ordinary basis."]