Render v Chief Justice Gleeson [1999] NSWSC 437

Render v Chief Justice Gleeson [1999] NSWSC 437

The material disclosed no reasonable cause of action and the proceedings were frivolous and vexatious. The evidence established that Chief Justice Gleeson was not appointed a judge of any court until November 1988 and was a junior counsel in 1970 and 1971, contrary to the premise of the plaintiff's allegations.

Jurisdiction
Australia
Judgment Date
19 April 1999
Procedural Posture
Summons Seeking Orders for Production or Handover of Documents and Other Materials / Hearing of Defendant's Motion to Dismiss Proceedings
Outcome
Proceedings dismissed generally; plaintiff to pay defendant's costs of motion.
Legal Topics
['dismissal of Proceedings' 'no Reasonable Cause of Action' 'frivolous and Vexatious Proceedings' 'scr Part 13 R 5']
['civil Procedure'] ['dismissal of Proceedings' 'no Reasonable Cause of Action' 'frivolous and Vexatious Proceedings' 'scr Part 13 R 5']

Case Brief

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Procedural Posture

Summons Seeking Orders for Production or Handover of Documents and Other Materials / Hearing of Defendant's Motion to Dismiss Proceedings

Legal Issues

  1. 1 ["Whether the plaintiff's summons disclosed a reasonable cause of action." 'Whether the proceedings were frivolous and vexatious and should be dismissed under SCR Part 13 R 5.']

Ratio Decidendi

The material disclosed no reasonable cause of action and the proceedings were frivolous and vexatious. The evidence established that Chief Justice Gleeson was not appointed a judge of any court until November 1988 and was a junior counsel in 1970 and 1971, contrary to the premise of the plaintiff's allegations.

Court Disposition

Proceedings dismissed generally; plaintiff to pay defendant's costs of motion.

Orders

  • ['Proceedings dismissed generally under SCR Part 13 R 5.' "The plaintiff pay the defendant's costs of the motion."]