TRIGGER v MOLONEY [1999] NSWSC 679

The plaintiff's claim was doomed to failure, including because questions of causation were insurmountable, and there was no utility in allowing the proceedings to go to trial; the interests of justice were best served by dismissing the proceedings summarily.

Jurisdiction: Australia
Judgment Date: 07 July 1999
Procedural Posture: Claim for Damages for Alleged Misleading or Deceptive Conduct / Defendant's Application by Notice of Motion for Summary Dismissal Under Pt. 13 R 5 of the Supreme Court Rules 1970
Outcome: Proceedings dismissed.
Legal Topics: ['summary Dismissal' 'misleading or Deceptive Conduct' 'causation' 'mortgage Finance Transaction']

['civil Procedure' 'consumer Law'] ['summary Dismissal' 'misleading or Deceptive Conduct' 'causation' 'mortgage Finance Transaction']

Case Brief

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Procedural Posture

Claim for Damages for Alleged Misleading or Deceptive Conduct / Defendant's Application by Notice of Motion for Summary Dismissal Under Pt. 13 R 5 of the Supreme Court Rules 1970

Legal Issues

1 ['Whether the proceedings should be summarily dismissed under Pt. 13 r 5 of the Supreme Court Rules 1970.' "Whether the plaintiff's misleading or deceptive conduct claim was doomed to failure, including because of insurmountable questions of causation."]

Ratio Decidendi

Court Disposition

Proceedings dismissed.

Orders

['The proceedings be dismissed.' 'The plaintiff is to pay the costs of the proceedings.' 'The exhibits may be returned.']