O'Meara v McTackett & 7 Ors [2000] NSWSC 933

O'Meara v McTackett & 7 Ors [2000] NSWSC 933

Paragraphs 9, 10, 11, and 21 of the plaintiff's summons are an abuse of process and disclose no reasonable cause of action against the sixth defendant; they are hopeless and cannot be cured by amendment and should be dismissed.

Jurisdiction
Australia
Judgment Date
05 October 2000
Procedural Posture
Notice of Motion to Strike Out Paragraphs of Summons / Judgment on Motion
Outcome
Paragraphs struck out and costs awarded
Legal Topics
['strike Out Applications' 'abuse of Process' 'summary Judgment']
['civil Procedure'] ['strike Out Applications' 'abuse of Process' 'summary Judgment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion to Strike Out Paragraphs of Summons / Judgment on Motion

Legal Issues

  1. 1 ['Whether paragraphs 9, 10, 11 and 21 of the summons disclose a reasonable cause of action' 'Whether proceedings are an abuse of process']

Ratio Decidendi

Paragraphs 9, 10, 11, and 21 of the plaintiff's summons are an abuse of process and disclose no reasonable cause of action against the sixth defendant; they are hopeless and cannot be cured by amendment and should be dismissed.

Court Disposition

Paragraphs struck out and costs awarded

Orders

  • ['Paragraphs 9, 10, 11 and 21 of the summons filed 30 September 1999 are dismissed.' "The plaintiff is to pay the sixth defendant's costs."]