Massalski v The Owners SP 90255 & Ors. [2023] NSWSC 23

Massalski v The Owners SP 90255 & Ors. [2023] NSWSC 23

The plaintiff's claims amount to an impermissible collateral attack on prior Family Court orders, constitute an abuse of process, and fail to disclose any reasonable cause of action. The claims against the second and third defendants were summarily dismissed under r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW).

Parties
Plaintiff: Zofia Massalski; First Defendant: The Owners Strata Plan No 90255; Second Defendant: Alan Riley; Third Defendant: Helen Hughes
Jurisdiction
Australia
Judgment Date
01 February 2023
Procedural Posture
Civil / Motion for Summary Dismissal
Outcome
Proceedings against the second and third defendants dismissed.
Legal Topics
Summary Disposal, Dismissal of Proceedings, Frivolous or Vexatious Proceedings, Collateral Attack, Abuse of Process
Civil Procedure Summary Disposal Dismissal of Proceedings Frivolous or Vexatious Proceedings Collateral Attack Abuse of Process

Case Brief

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Parties

Zofia Massalski

Plaintiff

The Owners Strata Plan No 90255

First Defendant

Alan Riley

Second Defendant

Helen Hughes

Third Defendant

Procedural Posture

Civil / Motion for Summary Dismissal

Legal Issues

  1. 1 Whether proceedings constituted a collateral attack on prior judicial decision
  2. 2 Whether claim disclosed reasonable cause of action
  3. 3 Whether claim constituted abuse of process

Ratio Decidendi

The plaintiff's claims amount to an impermissible collateral attack on prior Family Court orders, constitute an abuse of process, and fail to disclose any reasonable cause of action. The claims against the second and third defendants were summarily dismissed under r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW).

Court Disposition

Proceedings against the second and third defendants dismissed.

Orders

  • Proceedings against the second and third defendants be dismissed pursuant to r 13.4 Uniform Civil Procedure Rules 2005 (NSW).
  • Plaintiff pay the second defendant's costs of, and incidental to, the notice of motion dated 27 July 2022.