M v Monash IVF Pty Ltd [2019] NSWSC 928

M v Monash IVF Pty Ltd [2019] NSWSC 928

The statement of claim and supporting evidence were voluminous, argumentative and unintelligible, and did not identify any contractual obligation breached, damages flowing from any breach, duty of care, negligent procedure, negligent storage, or negligent transfer. Many allegations appeared to have been addressed in earlier 2014 proceedings. Because no viable cause of action was apparent, the proceedings were frivolous and vexatious and disclosed no reasonable cause of action, warranting dismissal in their entirety.

Jurisdiction
Australia
Judgment Date
16 July 2019
Procedural Posture
Equity Proceedings in the Expedition List / Hearing at Which Defendants Sought Dismissal of the Proceedings as Frivolous and Vexatious, Disclosing No Reasonable Cause of Action, and an Abuse of Process
Outcome
Proceedings dismissed in their entirety; costs reserved.
Legal Topics
['frivolous and Vexatious Proceedings' 'no Reasonable Cause of Action' 'abuse of Process' 'pleadings' 'expedition List' 'donor Semen Storage and Transfer']
['civil Procedure' 'equity' 'contract' 'tort' 'assisted Reproductive Technology'] ['frivolous and Vexatious Proceedings' 'no Reasonable Cause of Action' 'abuse of Process' 'pleadings' 'expedition List' 'donor Semen Storage and Transfer']

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Procedural Posture

Equity Proceedings in the Expedition List / Hearing at Which Defendants Sought Dismissal of the Proceedings as Frivolous and Vexatious, Disclosing No Reasonable Cause of Action, and an Abuse of Process

Legal Issues

  1. 1 ['Whether the proceedings were frivolous and vexatious.' 'Whether the statement of claim disclosed any reasonable cause of action in contract or tort against the defendants.' 'Whether the proceedings were an abuse of the process of the Court and should be dismissed.']

Ratio Decidendi

The statement of claim and supporting evidence were voluminous, argumentative and unintelligible, and did not identify any contractual obligation breached, damages flowing from any breach, duty of care, negligent procedure, negligent storage, or negligent transfer. Many allegations appeared to have been addressed in earlier 2014 proceedings. Because no viable cause of action was apparent, the proceedings were frivolous and vexatious and disclosed no reasonable cause of action, warranting dismissal in their entirety.

Court Disposition

Proceedings dismissed in their entirety; costs reserved.

Orders

  • ['The proceedings are dismissed in their entirety.' 'The question of costs is reserved for the time being.']