Qasim v Mitchell [2022] NSWSC 698

Supreme Court New South Wales

Medium Neutral Citation: Qasim v Mitchell [2022] NSWSC 698 Hearing dates: 27 May 2022 Decision date: 30 May 2022 Jurisdiction: Common Law Before: Adamson J Decision: (1) In respect of the first defendant's notice of motion filed on 11 November 2021: (a) dismiss the proceedings against the first defendant; and (b) subject to order (6) below, order the plaintiffs to pay the first defendant's costs of the proceedings. (2) In respect of the second defendant's notice of motion filed on 10 December 2021: (a) dismiss the proceedings against the second defendant; and (b) subject to order (6) below, order the plaintiffs to pay the second defendant's costs of the proceedings. (3) In respect of the third defendant's notice of motion filed on 11 November 2021: (a) dismiss the proceedings against the third defendant; and (b) subject to order (6) below, order the plaintiffs to pay the third defendant's costs of the proceedings. (4) In respect of the fourth defendant's notice of motion filed on 10 December 2021: (a) remove the fourth defendant as a party to the proceedings; and (b) subject to order (6) below, order the plaintiffs to pay the fourth defendant's costs of the proceedings. (5) In respect of the fifth defendant's notice of motion filed on 9 December 2021: (a) dismiss the proceedings against the fifth defendant; and (b) subject to order (6) below, order the plaintiffs to pay the fifth defendant's costs of the proceedings. (6) Any defendant who seeks a costs order other than that the plaintiffs pay her, its or his (as the case may be) costs on the ordinary basis, may apply within seven days for a different order by written application to my Associate together with submissions and evidence in support. (7) If an application is made under order (6) above, further directions will be made for the determination of costs issues. (8) Grant liberty to any defendant to apply for an order that costs be paid in a gross sum. Catchwords: CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — No reasonable cause of action disclosed — where plaintiff described grievances without reference to cause of action known to law — where proceedings dismissed CIVIL PROCEDURE — Parties — Removal of parties — where potential claim against company — where defendant joined was director of company — separate legal personalities — where defendant removed from proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 District Court Act 1973 (NSW), s 127 Legal Profession Act 2004 (NSW), s 350 Strata Schemes Management Act 2015 (NSW), ss 85, 86 Uniform Civil Procedure Rules 2005 (NSW), rr 6.29, 13.4, 14.28, 42.1 Cases Cited: Cabassi v Vila (1940) 64 CLR 130; [1940] HCA 41 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 McGuirk v University of New South Wales [2009] NSWSC 1424 Young v Hones [2014] NSWCA 337 Category: Procedural rulings Parties: Shaheen Qasim (First Plaintiff) Fred Klein (Second Plaintiff) Heather Mitchell (First Defendant) Rachel Deegan (Second Defendant) ILP Strathfield Pty Ltd trading as Strathfield Law (Third Defendant) Yennie Chen (Fourth Defendant) Anthony Fowler (Fifth Defendant) Andrew Noble (Sixth Defendant) Representation: Counsel: S Qasim (Plaintiffs) H Mitchell (First Defendant) B Shaw (Second Defendant) J Dooley (Third Defendant) S Maybury (Fourth Defendant) L Cooper-Hackman (Fifth Defendant)