Fan v South Eastern Sydney Local Health District [2020] NSWSC 1038

Fan v South Eastern Sydney Local Health District [2020] NSWSC 1038

The plaintiff’s summons sought to re-litigate issues already determined by prior judgments and appeals, with appeal avenues exhausted. As there was no reasonable cause of action and the claims could not possibly succeed, the summons was dismissed under r 13.4(1)(b) of the UCPR.

Jurisdiction
Australia
Judgment Date
10 August 2020
Procedural Posture
Civil / Summary Dismissal Motion
Outcome
summons dismissed
Legal Topics
['summary Dismissal' 'no Reasonable Cause of Action' 'medical Negligence']
['civil Procedure'] ['summary Dismissal' 'no Reasonable Cause of Action' 'medical Negligence']

Case Brief

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Procedural Posture

Civil / Summary Dismissal Motion

Legal Issues

  1. 1 ["Whether the plaintiff's summons discloses a reasonable cause of action for medical negligence or costs." 'Whether the proceedings are frivolous or vexatious or constitute an abuse of process.']

Ratio Decidendi

The plaintiff’s summons sought to re-litigate issues already determined by prior judgments and appeals, with appeal avenues exhausted. As there was no reasonable cause of action and the claims could not possibly succeed, the summons was dismissed under r 13.4(1)(b) of the UCPR.

Court Disposition

summons dismissed

Orders

  • ["The plaintiff's summons filed on 4 October 2019 is dismissed pursuant to r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW)." 'Each party is to bear their own costs.']