Chan v Louey [2007] NSWSC 272

Chan v Louey [2007] NSWSC 272

The plaintiff had made repeated interlocutory applications, several of which sought to re-agitate issues already determined or to obtain discovery and production of documents concerning an alleged internal review despite prior rulings, correspondence and counsel's statement that no such internal review documents existed. In circumstances where the pending appeal concerned the narrow issue of whether the summons had been correctly summarily dismissed, the defendants had made out a case for restraining the plaintiff from filing or serving notices of motion or making oral applications without leave. The subpoenae sought documents of a character previously refused and were not justified in...

Jurisdiction
Australia
Judgment Date
22 March 2007
Procedural Posture
Judicial Review Proceedings; Interlocutory Notice of Motion Concerning Appeal and Subpoenas / Defendants' Amended Notice of Motion After Summary Dismissal of the Plaintiff's Proceedings and During the Plaintiff's Appeal
Outcome
Prayers one and two of the amended notice of motion were dismissed; the plaintiff was restrained from filing or serving notices of motion or making oral applications without leave; the subpoenae were set aside; and the plaintiff was ordered to pay the costs of the motion.
Legal Topics
['abuse of Process' 'interlocutory Applications' 'restriction on Filing Notices of Motion Without Leave' 'subpoenas' 'summary Dismissal' 'judicial Review of TAFE Decisions']
['civil Procedure' 'administrative Law'] ['abuse of Process' 'interlocutory Applications' 'restriction on Filing Notices of Motion Without Leave' 'subpoenas' 'summary Dismissal' 'judicial Review of TAFE Decisions']

Case Brief

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Procedural Posture

Judicial Review Proceedings; Interlocutory Notice of Motion Concerning Appeal and Subpoenas / Defendants' Amended Notice of Motion After Summary Dismissal of the Plaintiff's Proceedings and During the Plaintiff's Appeal

Legal Issues

  1. 1 ["Whether the plaintiff's appeal and notice of motion should be dismissed as an abuse of process or for want of prosecution." 'Whether the plaintiff should be restrained from filing or serving notices of motion or making oral applications in the proceedings without leave of a judge.' 'Whether the subpoenae addressed to the Director General of Education and Training and the Minister For Education and Training should be set aside generally pursuant to rule 33.4 of the Uniform Civil Procedure Rules 2005.']

Ratio Decidendi

The plaintiff had made repeated interlocutory applications, several of which sought to re-agitate issues already determined or to obtain discovery and production of documents concerning an alleged internal review despite prior rulings, correspondence and counsel's statement that no such internal review documents existed. In circumstances where the pending appeal concerned the narrow issue of whether the summons had been correctly summarily dismissed, the defendants had made out a case for restraining the plaintiff from filing or serving notices of motion or making oral applications without leave. The subpoenae sought documents of a character previously refused and were not justified in...

Court Disposition

Prayers one and two of the amended notice of motion were dismissed; the plaintiff was restrained from filing or serving notices of motion or making oral applications without leave; the subpoenae were set aside; and the plaintiff was ordered to pay the costs of the motion.

Orders

  • ['Dismiss prayers one and two in the amended notice of motion.' 'The plaintiff Yau Hang Chan be restrained from filing and from serving any notice of motion and from making any oral application in these proceedings without the leave of a judge of the court.' 'In case Yau Hang Chan shall, without the leave of a judge...