Sanjiv v Coleman Greig Lawyers Pty Ltd [2024] NSWSC 1675

Supreme Court New South Wales

Medium Neutral Citation: Sanjiv v Coleman Greig Lawyers Pty Ltd [2024] NSWSC 1675 Hearing dates: 10 December 2024 Date of orders: 10 December 2024 Decision date: 10 December 2024 Jurisdiction: Equity Before: Meek J Decision: Plaintiff's summons dismissed. Gross sum costs order made in favour of the defendant/applicant. Catchwords: CIVIL PROCEDURE — Summary dismissal — Abuse of process — Plaintiff suing defendant solicitors in relation to costs arising out of previous family law proceedings and related matters — Application of the defendant to have the plaintiff's summons struck out on various bases, in circumstances where the plaintiff had commenced related proceedings in this Court seeking substantially similar relief, which proceedings are currently part-heard — Where the plaintiff's summons otherwise contained similar relief to that which the Court refused her leave to pursue in the related proceedings — Held that the plaintiff's conduct in filing new summons constituted an abuse of process — Plaintiff's summons dismissed WORDS AND PHRASES — Meaning of "court" in Uniform Civil Procedure Rules 2005 (NSW) CIVIL PROCEDURE — Summary dismissal — Where the plaintiff's summons sought appeal or review of an order for default judgment made by the Principal Registrar of the District Court — Discussion of the right of review under r 49.19 of the Uniform Civil Procedure Rules 2005 (NSW) — Right to appeal under s 127 of the District Court Act 1973 (NSW) not applicable to plaintiff's claim — Issues of forum and delay — Held that relief seeking appeal or review of the order was untenable COSTS — Gross sum costs orders — Defendant made application for a gross sum costs order — In circumstances where there had already been vexing litigation between the parties over a number of years and the plaintiff planned to permanently relocate overseas, held that gross sum costs order should be made Legislation Cited: Acts Interpretation Act 1987 (NSW) Civil Procedure Act 2005 (NSW) District Court Act 1973 (NSW) Evidence Act 1995 (NSW) Legal Profession Uniform Law 2014 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Ahern v Aon Risk Service Australia Pty Ltd (No 2) [2022] NSWCA 39 Bell Lawyers Pty Ltd v Pentelow (2019) 269 CLR 333; [2019] HCA 29 Benjamin & Khoury Pty Ltd v Rahme (No 4) [2023] NSWSC 1162 Coshott v Barry [2017] NSWSC 1220 Gabrielle v Abood (No 4) [2023] NSWCA 100 General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125; [1964] HCA 69 Hitchcock v Pratt Group Holdings Pty Ltd as trustee for the Pratt Family Holdings Trust [2024] NSWSC 1292 Marinchek v O'Sullivan [2014] NSWLC 5 Moore v Inglis (1976) 50 ALJR 589 National Australia Bank v Salubre [2024] NSWSC 1288 Nowland as executor of the estate of the late Clare Margaret Nowland v The State of New South Wales [2023] NSWDC 505 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45 Portcam Pty Ltd trading as Edge Residential Real Estate v Mervyn Keane [2021] NSWDC 686 Simmons v Protective Commissioner of NSW [2012] NSWSC 455 Stokes (by a tutor) v McCourt [2013] NSWSC 1014 Walton v ACN 004 410 833 Ltd (formerly Arrium Ltd) (in liq) (2022) 275 CLR 508; [2022] HCA 3 Wass v Director of Public Prosecution (NSW); Wass v Constable Wilcock [2023] NSWCA 71 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Principal judgment Parties: Rekha Sanjiv (Plaintiff / Respondent) Coleman Greig Lawyers Pty Ltd (Defendant / Applicant) Representation: Counsel: K Young (Defendant / Applicant) Solicitors: Coleman Greig Lawyers (Defendant / Applicant) In-person (Plaintiff / Respondent) File Number(s): 2024/361481