Imielska v Morgan [2017] NSWDC 329

Imielska v Morgan [2017] NSWDC 329

The plaintiff's claim was struck out as an abuse of process on grounds of disproportionality, contractual consent to publication during a complaints process, and improper purpose in seeking to re-litigate resolved claims and costs—the proceedings did not warrant further attempt to replead, and extension of time to join Westpac as second defendant was refused as plaintiff could not demonstrate it was unreasonable not to commence proceedings within limitation period.

Parties
First Plaintiff: Grazyna Imielska; Second Plaintiff: Michal Imielska; Defendant: Sam Morgan
Jurisdiction
Australia
Judgment Date
22 November 2017
Procedural Posture
Civil / Summary Dismissal Interlocutory Orders
Outcome
Plaintiff's statement of claim dismissed as abuse of process
Legal Topics
Defamation, Abuse of Process, Proportionality, Extension of Time, Application to Amend Statement of Claim
Tort Defamation Abuse of Process Proportionality Extension of Time Application to Amend Statement of Claim

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 5 Authorities cited 41 Party arguments 2
Sign in to unlock

Parties

Grazyna Imielska

First Plaintiff

Michal Imielska

Second Plaintiff

Sam Morgan

Defendant

Procedural Posture

Civil / Summary Dismissal Interlocutory Orders

Legal Issues

  1. 1 Whether plaintiff should be granted an extension of time to join Westpac as second defendant
  2. 2 Whether leave should be granted to amend statement of claim
  3. 3 Whether proceedings should be dismissed on grounds of abuse of process including proportionality, contractual consent, improper purpose, and defective pleadings

Ratio Decidendi

The plaintiff's claim was struck out as an abuse of process on grounds of disproportionality, contractual consent to publication during a complaints process, and improper purpose in seeking to re-litigate resolved claims and costs—the proceedings did not warrant further attempt to replead, and extension of time to join Westpac as second defendant was refused as plaintiff could not demonstrate it was unreasonable not to commence proceedings within limitation period.

Court Disposition

Plaintiff's statement of claim dismissed as abuse of process

Orders

  • Plaintiff's statement of claim dismissed pursuant to ss 60 and 67 Civil Procedure Act 2005 (NSW) and rr 13.4 and 14.28 Uniform Civil Procedure Rules 2005 (NSW)
  • Plaintiff to pay defendant's costs