Modaressi v Aarf [2020] NSWSC 1627

Supreme Court New South Wales

Medium Neutral Citation: Modaressi v Aarf [2020] NSWSC 1627 Hearing dates: 16 November 2020 Decision date: 16 November 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 13.4, dismiss the summons filed on 8 September 2020. (2) Order the plaintiff to pay the first defendant's costs of the proceedings, including the costs of the first defendant's notice of motion filed on 24 September 2020. Catchwords: CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Frivolous or vexatious proceedings — Abuse of process — Where plaintiff commenced proceedings seeking same relief as prior dismissed proceedings — Where prior proceedings were dismissed due to plaintiff's failure to appear — Where plaintiff has not paid costs of earlier proceedings — Whether proceedings constitute an abuse of process Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58, 67 Uniform Civil Procedure Rules 2005 (NSW), rr 12.10, 13.4, 13.6, 42.1, 42.20 Category: Procedural and other rulings Parties: Pedram Modaressi (Plaintiff) Hasan Aarf (First defendant) Behnam Modaressi (Second defendant) Representation: Counsel: T Yeh (Plaintiff) C Alis (First defendant)

Solicitors: Barriston Lawyers (Plaintiff) Adam Jones Solicitor (First defendant) File Number(s): 2020/261448 Decision under appeal Court or tribunal: Local Court Jurisdiction: Civil Date of Decision: 29 April 2019 Before: Mijovich LCM File Number(s): 2018/215973