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

Supreme Court New South Wales

Medium Neutral Citation: Massalski v The Owners SP 90255 & Ors. [2023] NSWSC 23 Hearing dates: 3 November 2022; further submissions (all parties) filed 17 November 2022 Date of orders: 1 February 2023 Decision date: 01 February 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Order, pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW), that the proceedings against the second and third defendants be dismissed. (2) Order that the plaintiff pay the second defendant's costs of, and incidental to, the notice of motion dated 27 July 2022. (3) Order that the plaintiff pay the third defendant's costs of, and incidental to, the notice of motion dated 26 July 2022. (4) Order that the plaintiff pay the second and third defendant's costs of the proceedings. (5) List the matter (so far as it involves the first defendant) before the Common Law Registrar on 8 February 2023. (6) Direct that the plaintiff file an affidavit of service or, if the statement of claim has not been served on the first defendant, an affidavit to that effect by 6 February 2023, 5 PM. Catchwords: CIVIL PROCEDURE – Summary disposal – Dismissal of proceedings – Frivolous or vexatious proceedings – Whether proceedings constituted collateral attack on prior judicial decision Legislation Cited: Civil Procedure Act 2005 (NSW) Community Land Development Act 1989 (NSW) Family Law Act 1975 (Cth) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Property and Stock Agents Act 2002 (NSW) Strata Schemes Development Act 2015 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Arthur J S Hall & Co v Simons (a firm) [2002] 1 AC 615 Community Association DP 270212 v Registrar General for the State of NSW (2004) 62 NSWLR 25; [2004] NSWSC 961 Gunns Ltd v Meagher [2005] VSC 251 Hunter v Chief Constable of the West Midlands Police [1982] AC 529 Johnson v Gore Wood & Co [2002] 2 AC 1 Massalski & Riley [2019] FamCA 1013 Massalski & Riley [2021] FamCAFC 116 Massalski & Riley [2022] FedCFamC1A 128 Massalski & Riley [2022] FedCFamC1F 36 McGuirk v The University of New South Wales [2009] NSWSC 1424 Simmons v NSW Trustee and Guardian [2014] NSWCA 405 Three Rivers District Council v Bank of England [No 3] [2003] 2 AC 1; [2001] UKHL 16 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28 UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45 Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 Young v Hones [2013] NSWSC 580 Category: Principal judgment Parties: Zofia Massalski (Plaintiff) (self-represented) The Owners Strata Plan No 90255 (First Defendant) Alan Riley (Second Defendant) Helen Hughes (Third Defendant) Representation: Counsel: Mr J-J Loofs SC and Mr L James (Second Defendant) Ms C Coventry (Third Defendant)