Hoang v Kalas [2014] NSWSC 796

Hoang v Kalas [2014] NSWSC 796

The proceedings were an abuse of process because Ms Hoang had repeatedly commenced proceedings in different courts and tribunals arising from the same factual circumstances, had not pursued any available appeal process, and sought again to litigate a claim that was over; requiring Mr Kalas to respond further would unjustly expose him to additional irrecoverable expense.

Jurisdiction
Australia
Judgment Date
17 June 2014
Procedural Posture
Civil Proceedings Commenced by Summons Claiming Money for Alleged Failed Cosmetic Dental Procedures / Defendant's Application to Dismiss Proceedings as an Abuse of Process Under UCPR 13.4(1)
Outcome
Proceedings dismissed with costs
Legal Topics
['strike Out' 'abuse of Process' 'repeated Proceedings' 'costs']
['civil Procedure'] ['strike Out' 'abuse of Process' 'repeated Proceedings' 'costs']

Case Brief

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Procedural Posture

Civil Proceedings Commenced by Summons Claiming Money for Alleged Failed Cosmetic Dental Procedures / Defendant's Application to Dismiss Proceedings as an Abuse of Process Under UCPR 13.4(1)

Legal Issues

  1. 1 ['Whether the proceedings should be dismissed as an abuse of process because Ms Hoang had repeatedly litigated the same factual circumstances in other courts and tribunals.' "Whether it was appropriate to determine the defendant's application promptly without adjournment."]

Ratio Decidendi

The proceedings were an abuse of process because Ms Hoang had repeatedly commenced proceedings in different courts and tribunals arising from the same factual circumstances, had not pursued any available appeal process, and sought again to litigate a claim that was over; requiring Mr Kalas to respond further would unjustly expose him to additional irrecoverable expense.

Court Disposition

Proceedings dismissed with costs

Orders

  • ['The present proceedings are dismissed as an abuse of process.' "Ms Hoang is to pay Mr Kalas' costs of and incidental to the proceedings in this Court."]