Chandrasekaran v Commonwealth of Australia [2021] NSWSC 1149

Chandrasekaran v Commonwealth of Australia [2021] NSWSC 1149

The proceedings were dismissed because they were a clear attempt to go behind and relitigate substantially the same unsuccessful allegations raised in earlier Federal Court proceedings, the pleadings and affidavit material did not articulate any recognisable legal or equitable cause of action capable of supporting the injunctive relief sought, the allegations were generalised, scurrilous, serious and impossible to answer, and the relief seeking to deem other courts' and tribunals' judgments null and void was beyond this Court's jurisdiction. The proceedings therefore disclosed no cause of action, were vexatious and were an abuse of process within r 13.4.

Jurisdiction
Australia
Judgment Date
09 September 2021
Procedural Posture
Civil Procedure Application for Summary Dismissal / Defendants' Application Under R 13.4 of the Uniform Civil Procedure Rules 2005 (nsw)
Outcome
Proceedings dismissed; plaintiff ordered to pay the defendants' costs.
Legal Topics
['summary Disposal' 'frivolous and Vexatious Proceedings' 'no Reasonable Cause of Action' 'abuse of Process' 'relitigation' 'injunctive Relief' 'suppression and Non Publication Orders']
['civil Procedure'] ['summary Disposal' 'frivolous and Vexatious Proceedings' 'no Reasonable Cause of Action' 'abuse of Process' 'relitigation' 'injunctive Relief' 'suppression and Non Publication Orders']

Case Brief

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Procedural Posture

Civil Procedure Application for Summary Dismissal / Defendants' Application Under R 13.4 of the Uniform Civil Procedure Rules 2005 (nsw)

Legal Issues

  1. 1 ['Whether the proceedings should be dismissed under r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) as frivolous or vexatious, disclosing no reasonable cause of action, or an abuse of process.' 'Whether the plaintiff was attempting to relitigate issues and allegations already determined or dismissed in Federal Court proceedings.' 'Whether the Further Amended Summons disclosed any recognisable legal or equitable cause of action capable of supporting injunctive relief.' 'Whether this Court could make orders deeming judgments and orders of the Federal Court, the Medical Council of NSW, NCAT, the Supreme Court or the NSW Court of Appeal null and void.' "Whether a suppression order over the plaintiff's name and identity should be made under s 8 of the Court Suppression and Non-publication Orders Act 2010 (NSW)."]

Ratio Decidendi

The proceedings were dismissed because they were a clear attempt to go behind and relitigate substantially the same unsuccessful allegations raised in earlier Federal Court proceedings, the pleadings and affidavit material did not articulate any recognisable legal or equitable cause of action capable of supporting the injunctive relief sought, the allegations were generalised, scurrilous, serious and impossible to answer, and the relief seeking to deem other courts' and tribunals' judgments null and void was beyond this Court's jurisdiction. The proceedings therefore disclosed no cause of action, were vexatious and were an abuse of process within r 13.4.

Court Disposition

Proceedings dismissed; plaintiff ordered to pay the defendants' costs.

Orders

  • ['The proceedings brought by the plaintiff against the first and second defendants are dismissed.' "The plaintiff is to pay the defendants' costs of the proceedings."]