Qasim v Davidson [2022] NSWSC 883

Qasim v Davidson [2022] NSWSC 883

The Summons and the plaintiff's affidavits and submissions did not articulate any recognised cause of action or any supporting facts against either defendant. Descriptions such as underhandedness, cartel conduct and misleading conduct did not, in the circumstances identified, disclose a statutory or common law basis for damages. No reasonable cause of action was disclosed, and the proceedings were vexatious and an abuse of process, so the Summons had to be dismissed under r 13.4 of the Uniform Civil Procedure Rules 2005. Because the first defendant had made a Calderbank offer more favourable than the result obtained by the plaintiff, indemnity costs against the plaintiff in favour of the...

Jurisdiction
Australia
Judgment Date
04 July 2022
Procedural Posture
Common Law Proceedings Commenced by Summons; Notices of Motion for Summary Dismissal or Strike Out / Hearing of Three Notices of Motion
Outcome
The plaintiff's Summons was dismissed; the Notices of Motion were otherwise dismissed; the plaintiff was ordered to pay the defendants' costs, with the first defendant's costs on an indemnity basis.
Legal Topics
['summary Disposal' 'dismissal of Proceedings' 'no Reasonable Cause of Action Disclosed' 'frivolous and Vexatious Proceedings' 'abuse of Process' 'vexatious Litigants' 'costs on Indemnity Basis']
['civil Procedure'] ['summary Disposal' 'dismissal of Proceedings' 'no Reasonable Cause of Action Disclosed' 'frivolous and Vexatious Proceedings' 'abuse of Process' 'vexatious Litigants' 'costs on Indemnity Basis']

Case Brief

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Procedural Posture

Common Law Proceedings Commenced by Summons; Notices of Motion for Summary Dismissal or Strike Out / Hearing of Three Notices of Motion

Legal Issues

  1. 1 ["Whether the plaintiff's Summons disclosed any reasonable cause of action against the defendants." 'Whether the proceedings were frivolous or vexatious or an abuse of process under r 13.4 of the Uniform Civil Procedure Rules 2005.' 'Whether the Notices of Motion should be dismissed or the proceedings summarily dismissed.' 'Whether the first defendant should receive indemnity costs following a Calderbank offer.']

Ratio Decidendi

The Summons and the plaintiff's affidavits and submissions did not articulate any recognised cause of action or any supporting facts against either defendant. Descriptions such as underhandedness, cartel conduct and misleading conduct did not, in the circumstances identified, disclose a statutory or common law basis for damages. No reasonable cause of action was disclosed, and the proceedings were vexatious and an abuse of process, so the Summons had to be dismissed under r 13.4 of the Uniform Civil Procedure Rules 2005. Because the first defendant had made a Calderbank offer more favourable than the result obtained by the plaintiff, indemnity costs against the plaintiff in favour of the...

Court Disposition

The plaintiff's Summons was dismissed; the Notices of Motion were otherwise dismissed; the plaintiff was ordered to pay the defendants' costs, with the first defendant's costs on an indemnity basis.

Orders

  • ["Order pursuant to rule 13.4 of the Uniform Civil Procedure Rule 2005 that the plaintiff's Summons filed on 17 January 2022 be dismissed." 'Otherwise dismiss the Notices of Motion filed by the first defendant on 8 March 2022, by the plaintiff on 15 March 2022 and by the second defendant on 21 March 2022.' "Order...