Cirillo v Consolidated Press Property Pty Ltd (formerly known as Citicorp Australia Limited) [2007] FCA 60

Cirillo v Consolidated Press Property Pty Ltd (formerly known as Citicorp Australia Limited) [2007] FCA 60

The application must be dismissed as the Statement of Claim discloses no reasonable cause of action, is vexatious and an abuse of process, and any claim regarding costs is precluded by the prior consent order which operates as res judicata. There is no reasonable prospect of success and summary judgment is appropriate under s 31A of the Federal Court of Australia Act 1976 (Cth).

Parties
Applicant: Vincenzo Cirillo; First Respondent: Consolidated Press Property Pty Ltd (formerly known as Citicorp Australia Limited); Second Respondent: John Harold Heard; Third Respondent: Stephen Young; Fourth Respondent: CW Construction Pty Ltd (Receiver and Manager Appointed) (In Liquidation); Fifth Respondent: Finlaysons A Firm
Jurisdiction
Australia
Judgment Date
07 February 2007
Procedural Posture
Interlocutory Application / Summary Judgment and Strike Out Application
Outcome
Application dismissed against all respondents; applicant to pay respondents' costs.
Legal Topics
Strike Out, Summary Judgment, Abuse of Process, Consent Order, Costs, Misleading or Deceptive Conduct, Negligence
Civil Procedure Res Judicata Bankruptcy Trade Practices Strike Out Summary Judgment Abuse of Process Consent Order +3 more

Case Brief

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Parties

Vincenzo Cirillo

Applicant

Consolidated Press Property Pty Ltd (formerly known as Citicorp Australia Limited)

First Respondent

John Harold Heard

Second Respondent

Stephen Young

Third Respondent

CW Construction Pty Ltd (Receiver and Manager Appointed) (In Liquidation)

Fourth Respondent

Finlaysons A Firm

Fifth Respondent

Procedural Posture

Interlocutory Application / Summary Judgment and Strike Out Application

Legal Issues

  1. 1 Whether the Statement of Claim discloses a reasonable cause of action
  2. 2 Whether the application is vexatious or an abuse of process
  3. 3 Whether summary judgment should be granted under s 31A of the Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

The application must be dismissed as the Statement of Claim discloses no reasonable cause of action, is vexatious and an abuse of process, and any claim regarding costs is precluded by the prior consent order which operates as res judicata. There is no reasonable prospect of success and summary judgment is appropriate under s 31A of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Application dismissed against all respondents; applicant to pay respondents' costs.

Orders

  • The application be dismissed against all respondents.
  • The applicant pay the respondents' costs.