Waverley Council v Bobolas (No 4) [2015] NSWLEC 150

Waverley Council v Bobolas (No 4) [2015] NSWLEC 150

The Respondents' 24 June 2015 motion substantially repeated matters already determined and had no prospects of success; no irregularity, illegality or lack of good faith was shown in relation to the orders sought to be set aside, so the motion was an abuse of process and should be dismissed under r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW).

Jurisdiction
Australia
Judgment Date
26 August 2015
Procedural Posture
Class 4 Proceedings / Council's Notice of Motion to Dismiss the Respondents' Notice of Motion Filed on 24 June 2015
Outcome
The Council's notice of motion was granted and the Respondents' notice of motion filed on 24 June 2015 was dismissed.
Legal Topics
['abuse of Process' 'frivolous and Vexatious Proceedings' 'relitigation of Issues Already Determined' 'setting Aside Orders' 'costs']
['practice and Procedure'] ['abuse of Process' 'frivolous and Vexatious Proceedings' 'relitigation of Issues Already Determined' 'setting Aside Orders' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 4 Proceedings / Council's Notice of Motion to Dismiss the Respondents' Notice of Motion Filed on 24 June 2015

Legal Issues

  1. 1 ["Whether the Respondents' notice of motion filed on 24 June 2015 should be dismissed under r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW) as an abuse of process." "Whether the Respondents' motion had no prospects of success because it sought to relitigate matters already determined." 'Whether any orders identified by the Respondents were made irregularly, illegally or against good faith for the purposes of r 36.15 of the Uniform Civil Procedure Rules 2005 (NSW).']

Ratio Decidendi

The Respondents' 24 June 2015 motion substantially repeated matters already determined and had no prospects of success; no irregularity, illegality or lack of good faith was shown in relation to the orders sought to be set aside, so the motion was an abuse of process and should be dismissed under r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW).

Court Disposition

The Council's notice of motion was granted and the Respondents' notice of motion filed on 24 June 2015 was dismissed.

Orders

  • ['The notice of motion filed by the Respondents on 24 June 2015 is dismissed.' "The Respondents are to pay the Council's costs of this motion."]