Van Gorp v Davy [2023] NSWCA 43

Van Gorp v Davy [2023] NSWCA 43

The applicant lacked standing to commence proceedings concerning the estate as he had no personal interest; his repeated attempts to litigate previously determined issues constituted an abuse of process; and equity cannot grant relief to a litigant without standing.

Jurisdiction
Australia
Judgment Date
13 March 2023
Procedural Posture
Application for Leave to Appeal / Determination of Leave to Appeal by Court of Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'abuse of Process' 'standing' 'deceased Estates']
['appeal' 'equity' 'civil Procedure'] ['leave to Appeal' 'abuse of Process' 'standing' 'deceased Estates']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Determination of Leave to Appeal by Court of Appeal

Legal Issues

  1. 1 ['Whether the applicant had standing to bring proceedings concerning a deceased estate in which he has no interest' 'Whether the application constituted an abuse of process by seeking to raise issues already determined' 'Whether equity could intervene in favour of an applicant lacking standing']

Ratio Decidendi

The applicant lacked standing to commence proceedings concerning the estate as he had no personal interest; his repeated attempts to litigate previously determined issues constituted an abuse of process; and equity cannot grant relief to a litigant without standing.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['Summons seeking leave to appeal is dismissed with costs.']