Abriel & Ors v Levitt [2003] NSWSC 1235

Abriel & Ors v Levitt [2003] NSWSC 1235

The present proceedings are an abuse of process as they seek to re-litigate issues of causation and conduct already finally determined in earlier Federal Court proceedings. The plaintiffs cannot now challenge findings already adverse to them, and their claims against the defendant depend on allegations already rejected in the prior litigation. Thus, the action is summarily dismissed.

Parties
Plaintiff: Rudolf Abriel; Plaintiff: Vera Abriel; Plaintiff: Premier Knits Pty Ltd; Defendant: Stewart Levitt
Jurisdiction
Australia
Judgment Date
19 December 2003
Procedural Posture
Civil / Summary Termination Application
Outcome
Proceedings dismissed with costs
Legal Topics
Summary Dismissal, Abuse of Process, Re Litigation of Issues, Estoppel
Civil Procedure Summary Dismissal Abuse of Process Re Litigation of Issues Estoppel

Case Brief

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Parties

Rudolf Abriel

Plaintiff

Vera Abriel

Plaintiff

Premier Knits Pty Ltd

Plaintiff

Stewart Levitt

Defendant

Procedural Posture

Civil / Summary Termination Application

Legal Issues

  1. 1 Whether the current proceedings against the instructing solicitor for alleged misconduct in a prior mediation are an abuse of process due to re-litigation of issues already determined in previous litigation

Ratio Decidendi

The present proceedings are an abuse of process as they seek to re-litigate issues of causation and conduct already finally determined in earlier Federal Court proceedings. The plaintiffs cannot now challenge findings already adverse to them, and their claims against the defendant depend on allegations already rejected in the prior litigation. Thus, the action is summarily dismissed.

Court Disposition

Proceedings dismissed with costs

Orders

  • Proceedings in common law division numbered 20056 of 2003 be dismissed
  • Plaintiffs to pay the defendant's costs