Kovacevic v Abouharb [2008] NSWDC 58

New South Wales District Court

CITATION: Kovacevic v Abouharb [2008] NSWDC 58

HEARING DATE(S): 19 March 2008

JUDGMENT DATE: 19 March 2008

EX TEMPORE JUDGMENT DATE : 19 March 2008

JURISDICTION: District Court Civil Jurisdiction

JUDGMENT OF: Johnstone DCJ at 1

DECISION: Proceedings dismissed generally with costs on an indemnity basis

CATCHWORDS: PLEADINGS - statement of claim struck out as it did not contain a summary of the material facts and tended to cause prejudice, embarrassment and delay, and was an abuse of process - proceedings dismissed generally as no reasonable cause of action disclosed - WORK INJURY DAMAGES - claim for psychological injury resulting from workplace harrassment and duress - failure to comply with pre-filing requirements unde the Workplace Injury Management & Workers Compensation Act, 1998 - claim bound to fail and proceedings therefore dismissed generally - COSTS - indemnity costs - relevant delinqency - commencement of proceedings having no prospects of success - self-represented litigant

Civil Procedure Act 2005: s 56, s 57, s 58 LEGISLATION CITED: Uniform Civil Procedure Rules (UCPR): r 13.4, r 14.7, r 14.28 Workers Compensation Act 1987 Workplace Injury Management & Workers Compensation Act, 1998: s 250, s 254, s 262 , s 313 , s 315(1)

Hillebrand v Penrith Council [2000] NSWSC 1058 Lall v 53-55 Hall Street Pty Limited (1978) 1NSWLR 310 at 313 CASES CITED: Oshlack v Richmond River Council (1998) 193 CLR 72 McDonald v Australian Securities & Investment Commission [2007] NSWCA 304 Walsh v Prest [2004] NSWCA 94 at [4] Westpac Banking Corporation v Ollis [2007] NSWSC 1008 at [6].