Islam v Raine & Horne Corp [2023] NSWSC 1184

Islam v Raine & Horne Corp [2023] NSWSC 1184

The statement of claim was in effectively identical terms to a statement of claim already dismissed in the Equity Division, was general, repeated, unparticularised and devoid of factual content, and did not identify dates, locations, specific legislative provisions, or acts constituting the alleged wrongdoing. It was vexatious, failed to disclose a reasonable cause of action, tended to cause prejudice, embarrassment and delay, and was an abuse of process. The proceedings were therefore dismissed with costs.

Jurisdiction
Australia
Judgment Date
06 October 2023
Procedural Posture
Civil Procedure Application to Dismiss Proceedings or Strike Out Statement of Claim / Notice of Motion Filed by the 2nd and 3rd Defendants on 10 August 2023
Outcome
Proceedings dismissed with costs.
Legal Topics
['strike Out' 'summary Dismissal' 'statement of Claim' 'abuse of Process' 'vexatious Proceedings' 'costs']
['civil Procedure'] ['strike Out' 'summary Dismissal' 'statement of Claim' 'abuse of Process' 'vexatious Proceedings' 'costs']

Case Brief

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Procedural Posture

Civil Procedure Application to Dismiss Proceedings or Strike Out Statement of Claim / Notice of Motion Filed by the 2nd and 3rd Defendants on 10 August 2023

Legal Issues

  1. 1 ['Whether the proceedings should be dismissed or the statement of claim filed on 19 June 2023 should be struck out.' 'Whether the statement of claim disclosed a reasonable cause of action or was vexatious, embarrassing, prejudicial, or an abuse of process.' 'Whether indemnity costs should be ordered.']

Ratio Decidendi

The statement of claim was in effectively identical terms to a statement of claim already dismissed in the Equity Division, was general, repeated, unparticularised and devoid of factual content, and did not identify dates, locations, specific legislative provisions, or acts constituting the alleged wrongdoing. It was vexatious, failed to disclose a reasonable cause of action, tended to cause prejudice, embarrassment and delay, and was an abuse of process. The proceedings were therefore dismissed with costs.

Court Disposition

Proceedings dismissed with costs.

Orders

  • ['Proceedings dismissed with costs.']