Application of Dixon Ly [2013] NSWSC 906

Application of Dixon Ly [2013] NSWSC 906

The applicant has demonstrated that the case is neither an abuse of process nor hopeless, and therefore the requirements of s 5 have been met; leave is granted under s 4 to commence civil proceedings.

Jurisdiction
Australia
Judgment Date
27 June 2013
Procedural Posture
Interlocutory Application / Application for Leave to Commence Civil Proceedings
Outcome
Leave granted to the applicant to commence civil proceedings pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 (NSW)
Legal Topics
['leave to Commence Civil Proceedings' 'felons (civil Proceedings) Act 1981 (nsw)' 'abuse of Process' 'prima Facie Ground']
['practice and Procedure'] ['leave to Commence Civil Proceedings' 'felons (civil Proceedings) Act 1981 (nsw)' 'abuse of Process' 'prima Facie Ground']

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Procedural Posture

Interlocutory Application / Application for Leave to Commence Civil Proceedings

Legal Issues

  1. 1 ['Whether leave should be granted to the applicant under s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) to commence civil proceedings' 'Whether the proceedings are not an abuse of process and have a prima facie ground as required by s 5']

Ratio Decidendi

The applicant has demonstrated that the case is neither an abuse of process nor hopeless, and therefore the requirements of s 5 have been met; leave is granted under s 4 to commence civil proceedings.

Court Disposition

Leave granted to the applicant to commence civil proceedings pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 (NSW)

Orders

  • ['Leave granted to the applicant pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 (NSW)']