Kondratenko v Kennards Storage Management Pty Ltd [2024] FCA 913

Kondratenko v Kennards Storage Management Pty Ltd [2024] FCA 913

Applicant's proceedings do not disclose a reasonable cause of action, are vexatious and frivolous, constitute an abuse of process, and applicant has no reasonable prospect of successfully prosecuting the proceeding. Summary judgment is granted for respondents and ancillary orders made for return or disposal of applicant's possessions, and for costs.

Parties
Applicant: Konstantin Kondratenko; First Respondent: Kennards Storage Management Pty Ltd; Second Respondent: Sam Kennard, CEO of Kennards Self Storage
Jurisdiction
Australia
Judgment Date
15 August 2024
Procedural Posture
Interlocutory Application for Summary Judgment / Summary Judgment – Judgment on Application
Outcome
Summary judgment granted in favour of respondents. Proceedings dismissed.
Legal Topics
Summary Judgment, Frivolous and Vexatious Proceedings, Reasonable Cause of Action, Misleading Conduct, Australian Consumer Law
Practice and Procedure Consumer Protection Contract Law Summary Judgment Frivolous and Vexatious Proceedings Reasonable Cause of Action Misleading Conduct Australian Consumer Law

Case Brief

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Parties

Konstantin Kondratenko

Applicant

Kennards Storage Management Pty Ltd

First Respondent

Sam Kennard, CEO of Kennards Self Storage

Second Respondent

Procedural Posture

Interlocutory Application for Summary Judgment / Summary Judgment – Judgment on Application

Legal Issues

  1. 1 Whether summary judgment should be granted under s 31A of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether applicant has reasonable prospect of successfully prosecuting the proceeding
  3. 3 Whether proceeding discloses a reasonable cause of action

Ratio Decidendi

Applicant's proceedings do not disclose a reasonable cause of action, are vexatious and frivolous, constitute an abuse of process, and applicant has no reasonable prospect of successfully prosecuting the proceeding. Summary judgment is granted for respondents and ancillary orders made for return or disposal of applicant's possessions, and for costs.

Court Disposition

Summary judgment granted in favour of respondents. Proceedings dismissed.

Orders

  • Judgment entered for respondents regarding whole proceeding.
  • Applicant to advise first respondent and solicitor of date, time, and location (within 15 km of 1 Olympic Circuit, Southport Qld) for return of possessions within 7 days.