Rita Cameron v Qantas Airways [2014] NSWSC 560

Rita Cameron v Qantas Airways [2014] NSWSC 560

The summons was struck out because it sought to re-agitate personal injury and settlement issues that had merged in extant District Court orders and had already been the subject of repeated unsuccessful challenges; it disclosed no reasonable prospects of success, was legally embarrassing, significantly delayed, and an abuse of process. Ms Cameron's repeated proceedings against Qantas concerning the same injury and settlement were frequent, persistent, without proper legal basis, and had the effect of harassing or annoying, so a limited vexatious proceedings order against further proceedings concerning those matters was warranted.

Jurisdiction
Australia
Judgment Date
13 May 2014
Procedural Posture
Interlocutory Applications; Motion to Strike Out Summons and Application Under the Vexatious Proceedings Act 2008 (nsw) / Supreme Court of New South Wales Common Law Division Decision on Defendant's Motion Filed 20 February 2014
Outcome
Summons struck out; limited vexatious proceedings order made against Rita Cameron; plaintiff ordered to pay defendant's costs; otherwise proceedings dismissed.
Legal Topics
['strike Out' 'abuse of Process' 're Litigation of Settled Proceedings' 'no Reasonable Prospects of Success' 'legally Embarrassing Pleading' 'vexatious Litigant Orders']
['practice and Procedure' 'vexatious Proceedings' 'personal Injury Litigation'] ['strike Out' 'abuse of Process' 're Litigation of Settled Proceedings' 'no Reasonable Prospects of Success' 'legally Embarrassing Pleading' 'vexatious Litigant Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Applications; Motion to Strike Out Summons and Application Under the Vexatious Proceedings Act 2008 (nsw) / Supreme Court of New South Wales Common Law Division Decision on Defendant's Motion Filed 20 February 2014

Legal Issues

  1. 1 ['Whether the summons filed on 5 December 2013 should be struck out because it sought to re-agitate matters resolved by the District Court settlement and judgment.' 'Whether the proceedings were an abuse of process, legally embarrassing, out of time, and without reasonable prospects of success.' 'Whether Rita Cameron had frequently instituted or conducted vexatious proceedings so as to justify an order under the Vexatious Proceedings Act 2008 (NSW).']

Ratio Decidendi

The summons was struck out because it sought to re-agitate personal injury and settlement issues that had merged in extant District Court orders and had already been the subject of repeated unsuccessful challenges; it disclosed no reasonable prospects of success, was legally embarrassing, significantly delayed, and an abuse of process. Ms Cameron's repeated proceedings against Qantas concerning the same injury and settlement were frequent, persistent, without proper legal basis, and had the effect of harassing or annoying, so a limited vexatious proceedings order against further proceedings concerning those matters was warranted.

Court Disposition

Summons struck out; limited vexatious proceedings order made against Rita Cameron; plaintiff ordered to pay defendant's costs; otherwise proceedings dismissed.

Orders

  • ['The summons in matter 2013/366854 struck out.' 'Pursuant to s 8(7)(c) and s 8(8)(c) of the Vexatious Proceedings Act 2008, Rita Cameron is prohibited, without leave of the Court under s 14 of the Vexatious Proceedings Act 2008, from instituting or conducting proceedings in the State of New South Wales against...