Vassallo v Deitz [2023] NSWSC 1121

Vassallo v Deitz [2023] NSWSC 1121

The amended summons was struck out because it failed to specifically identify any error of law or question of law as required for judicial review. The pleadings were convoluted, ambiguous, and did not comply with the requirements for grounds of judicial review under the rules. The plaintiff also had not proceeded under the correct statutory appeal process for environmental offences. The matter did not meet the strict requirements for summary dismissal but did meet the standard for strike out of pleadings for lack of specificity and clarity.

Parties
Plaintiff: Joseph Vassallo; First Defendant: Lindy Deitz; Second Defendant: Michael Weston; Third Defendant: Local Court of New South Wales
Jurisdiction
Australia
Judgment Date
14 September 2023
Procedural Posture
Civil / Summary Disposal – Ruling on Notice of Motion to Strike Out Amended Summons
Outcome
Amended summons struck out; costs awarded to defendants; directions for future application; proceedings to be dismissed if no application made by deadline.
Legal Topics
Strike Out Pleadings, Summary Dismissal, Jurisdiction, Environmental Offence, Judicial Review Grounds
Civil Procedure Judicial Review Strike Out Pleadings Summary Dismissal Jurisdiction Environmental Offence Judicial Review Grounds

Case Brief

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Parties

Joseph Vassallo

Plaintiff

Lindy Deitz

First Defendant

Michael Weston

Second Defendant

Local Court of New South Wales

Third Defendant

Procedural Posture

Civil / Summary Disposal – Ruling on Notice of Motion to Strike Out Amended Summons

Legal Issues

  1. 1 Whether the amended summons discloses a reasonable cause of action or grounds for judicial review.
  2. 2 Whether the proceedings are an abuse of process or should be struck out under the rules.
  3. 3 Whether the correct procedural avenue is judicial review or statutory appeal (given the nature of the offence).

Ratio Decidendi

The amended summons was struck out because it failed to specifically identify any error of law or question of law as required for judicial review. The pleadings were convoluted, ambiguous, and did not comply with the requirements for grounds of judicial review under the rules. The plaintiff also had not proceeded under the correct statutory appeal process for environmental offences. The matter did not meet the strict requirements for summary dismissal but did meet the standard for strike out of pleadings for lack of specificity and clarity.

Court Disposition

Amended summons struck out; costs awarded to defendants; directions for future application; proceedings to be dismissed if no application made by deadline.

Orders

  • Order that the amended summons filed 8 May 2023 be struck out.
  • Order the plaintiff to pay the defendants' costs of and incidental to its notice of motion filed 25 May 2023, and of the proceedings.