Wang v State of New South Wales [2023] NSWSC 1478

Wang v State of New South Wales [2023] NSWSC 1478

The proceedings were dismissed because Ms Wang again sought to pursue claims and arguments already dismissed or rejected in earlier proceedings, including on appeal, her statement of claim still failed to plead material facts required by the Rules, and the continued pursuit of the claims was an abuse of process under r 13.4(1).

Jurisdiction
Australia
Judgment Date
05 December 2023
Procedural Posture
Civil Proceedings Claiming Damages for Personal Injury and Economic Loss / State's Notice of Motion Under R 13.4 of the Uniform Civil Procedure Rules 2005 (nsw) Seeking Dismissal or Strike Out of the Proceedings
Outcome
The proceedings are dismissed.
Legal Topics
['dismissal of Proceedings' 'frivolous and Vexatious Proceedings' 'abuse of Process' 'failure to Plead Material Facts' 'overriding Purpose' 'costs Follow the Event']
['civil Procedure' 'tort' 'costs'] ['dismissal of Proceedings' 'frivolous and Vexatious Proceedings' 'abuse of Process' 'failure to Plead Material Facts' 'overriding Purpose' 'costs Follow the Event']

Case Brief

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Procedural Posture

Civil Proceedings Claiming Damages for Personal Injury and Economic Loss / State's Notice of Motion Under R 13.4 of the Uniform Civil Procedure Rules 2005 (nsw) Seeking Dismissal or Strike Out of the Proceedings

Legal Issues

  1. 1 ["Whether Ms Wang's proceedings should be dismissed or struck out under r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) as frivolous or vexatious or an abuse of process" 'Whether the proceedings impermissibly sought to advance claims and arguments already dismissed or rejected in earlier proceedings and on appeal' 'Whether the statement of claim pleaded the material facts required by the Rules' "Whether the State's motion was invalid because it was not signed personally by the Crown Solicitor"]

Ratio Decidendi

The proceedings were dismissed because Ms Wang again sought to pursue claims and arguments already dismissed or rejected in earlier proceedings, including on appeal, her statement of claim still failed to plead material facts required by the Rules, and the continued pursuit of the claims was an abuse of process under r 13.4(1).

Court Disposition

The proceedings are dismissed.

Orders

  • ['The proceedings are dismissed.' "Unless the parties approach to be heard within 7 days, in which event they should file and serve short written submissions about the order that they seek, Ms Wang is to bear the State's costs of the proceedings, as agreed or assessed."]