BUCKINGHAM v KURING-GAI MUNICIPAL COUNCIL [1991] NSWCA 37

BUCKINGHAM v KURING-GAI MUNICIPAL COUNCIL [1991] NSWCA 37

The summons was misconceived and did not raise matters for the proper decision of the Court, so it should be dismissed as an abuse of process.

Parties
Claimant: William Alfred Buckingham; Respondent: Kuring-gai Municipal Council; Respondent: Legal Aid Commission of New South Wales
Jurisdiction
Australia
Judgment Date
11 November 1991
Procedural Posture
Summons / Application to Dismiss as Abuse of Process
Outcome
summons dismissed as an abuse of process with costs

Case Brief

Summary, issues, holding and outcome

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Parties

William Alfred Buckingham

Claimant

Kuring-gai Municipal Council

Respondent

Legal Aid Commission of New South Wales

Respondent

Procedural Posture

Summons / Application to Dismiss as Abuse of Process

Legal Issues

  1. 1 Whether the summons raised matters for the proper decision of the Supreme Court of New South Wales

Ratio Decidendi

The summons was misconceived and did not raise matters for the proper decision of the Court, so it should be dismissed as an abuse of process.

Court Disposition

summons dismissed as an abuse of process with costs

Orders

  • The summons is dismissed with costs.