Massalski v The Owners SP 90255 & Ors (No.2) [2023] NSWSC 190

Supreme Court New South Wales

Medium Neutral Citation: Massalski v The Owners SP 90255 & Ors (No.2) [2023] NSWSC 190 Hearing dates: 15 February 2023; 16 February 2023; 21 February 2023 (further submissions) Date of orders: 10 March 2023 Decision date: 10 March 2023 Jurisdiction: Common Law Before: Garling J Decision: See [44] Catchwords: CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Frivolous or vexatious proceedings — where the plaintiff is a bankrupt — where the Trustee in bankruptcy had revoked his consent to the continuation of the proceedings against the first defendant — where the bankrupt objected to the dismissal of those proceedings — where the Court had previously ordered that the proceedings against each of the second and third defendants be dismissed — whether proceedings should be dismissed — proceedings dismissed Legislation Cited: Bankruptcy Act 1966 (Cth) Family Law Act 1975 (Cth) Property (Relationships) Act 1984 (NSW) Cases Cited: Massalski & Riley [2019] FamCA 1013 Massalski v Riley [2021] FamCAFC 116 Massalski v The Owners SP 90255 & Ors [2023] NSWSC 23 Morkaya v Parkinson; Parkinson v Morkaya [2010] NSWSC 1194 Texts Cited: Not Applicable Category: Principal judgment Parties: Zofia Massalski (P) The Owners Strata Plan No.90255 (D) Representation: Counsel: Self-represented (P) C Farah (Receiver) R Roser (Trustee for Bankrupt Estate)