Shreeve & Ors v Jourdan [2025] NSWSC 102

Shreeve & Ors v Jourdan [2025] NSWSC 102

The proceedings were an abuse of process because they sought to circumvent the statutory requirement for leave to enforce a judgment more than twelve years old, as imposed by s 134 of the Civil Procedure Act 2005 (NSW). Such circumvention would be manifestly unfair to the defendant and contrary to the intention of Parliament. Delay alone was not sufficient, but the essence was the avoidance of statutory limits. The appropriate order was dismissal of the proceedings under UCPR 13.4(1)(c).

Parties
First Plaintiff: Glenda Alice Shreeve; Second Plaintiff: Colin Bruce Shreeve; Third Plaintiff: C & G Building Consultants Pty Ltd ACN 106 155 275 as trustee for C & G Unit Trust; Fourth Plaintiff: Malachi Corporation Pty Ltd; Defendant: Raymond Brendan Jourdan
Jurisdiction
Australia
Judgment Date
26 February 2025
Procedural Posture
Civil / Application to Dismiss for Abuse of Process
Outcome
Proceedings dismissed
Legal Topics
Enforcement of Judgments, Abuse of Process, Limitation Periods, Bankruptcy
Practice and Procedure Enforcement of Judgments Abuse of Process Limitation Periods Bankruptcy

Case Brief

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Parties

Glenda Alice Shreeve

First Plaintiff

Colin Bruce Shreeve

Second Plaintiff

C & G Building Consultants Pty Ltd ACN 106 155 275 as trustee for C & G Unit Trust

Third Plaintiff

Malachi Corporation Pty Ltd

Fourth Plaintiff

Raymond Brendan Jourdan

Defendant

Procedural Posture

Civil / Application to Dismiss for Abuse of Process

Legal Issues

  1. 1 Whether plaintiffs' proceedings suing afresh on a judgment debt are an abuse of process where direct enforcement is time-barred without leave under s 134 of the Civil Procedure Act 2005 (NSW)
  2. 2 Whether delay and circumvention of statutory enforcement time limits justify summary dismissal of plaintiffs' claim

Ratio Decidendi

The proceedings were an abuse of process because they sought to circumvent the statutory requirement for leave to enforce a judgment more than twelve years old, as imposed by s 134 of the Civil Procedure Act 2005 (NSW). Such circumvention would be manifestly unfair to the defendant and contrary to the intention of Parliament. Delay alone was not sufficient, but the essence was the avoidance of statutory limits. The appropriate order was dismissal of the proceedings under UCPR 13.4(1)(c).

Court Disposition

Proceedings dismissed

Orders

  • The proceedings are dismissed.
  • The plaintiffs pay the defendant's costs.