Spautz v Morris [2000] NSWSC 273

Spautz v Morris [2000] NSWSC 273

Dr Spautz's claim for damages for civil conspiracy against Mr Morris was finally dismissed by Smart J on 17 June 1988, and this dismissal remains effective. There are no outstanding issues remaining for determination in these proceedings; orders by Smart J were not set aside or amended by the Court of Appeal or High Court.

Parties
Plaintiff: Michael Edward Spautz; Defendant: Allan Agipitos Morris
Jurisdiction
Australia
Judgment Date
06 April 2000
Procedural Posture
Civil / Final Determination Regarding Outstanding Issues; Orders Made Following Prior Judgments and Appeals
Outcome
Dr Spautz's Cross-Claim for civil conspiracy remains dismissed; no outstanding issues remain.
Legal Topics
Vexatious Proceedings, Abuse of Process, Civil Conspiracy, Summary Dismissal
Civil Procedure Vexatious Proceedings Abuse of Process Civil Conspiracy Summary Dismissal

Case Brief

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Parties

Michael Edward Spautz

Plaintiff

Allan Agipitos Morris

Defendant

Procedural Posture

Civil / Final Determination Regarding Outstanding Issues; Orders Made Following Prior Judgments and Appeals

Legal Issues

  1. 1 Whether there remain any outstanding issues to be determined in the proceedings
  2. 2 Whether Dr Spautz's Cross-Claim for civil conspiracy remains dismissed

Ratio Decidendi

Dr Spautz's claim for damages for civil conspiracy against Mr Morris was finally dismissed by Smart J on 17 June 1988, and this dismissal remains effective. There are no outstanding issues remaining for determination in these proceedings; orders by Smart J were not set aside or amended by the Court of Appeal or High Court.

Court Disposition

Dr Spautz's Cross-Claim for civil conspiracy remains dismissed; no outstanding issues remain.

Orders

  • Declare that Dr Spautz's claim against Mr Morris for damages for civil conspiracy is and remains dismissed pursuant to orders of Smart J made 17 June 1988
  • Declare there are no outstanding issues in these proceedings remaining for determination in this Division