Nanitsos v Pantzouris [2013] NSWSC 1079

Supreme Court New South Wales

Medium Neutral Citation: Nanitsos v Pantzouris [2013] NSWSC 1079 Hearing dates: 9 August 2013 Decision date: 09 August 2013 Jurisdiction: Equity Division Before: Lindsay J Decision: Proceedings summarily dismissed, with costs Catchwords: PROCEDURE -Summary disposal-Dismissal of proceedings -Abuse of process-Failure to comply with order for statement of claim to be filed- No reasonable cause of action identified Cases Cited: Nanitsos v Pantzouris [2012] NSWSC 1396 at [19]-[20]. Nanitsos v Pantzouris [2013] NSWSC 862 Category: Principal judgment Parties: Dimitrios Nanitsos Andoni Pantzouris & Ors Second defendant in person Representation: D Nanitsos (in person) D Kratsas (1st, 3rd-12th Defendants) File Number(s): 2012/00342791

Judgment - EX TEMPORE 1These proceedings were commenced by a summons filed on 2 November 2012. 2Since that time the plaintiff has made, and persisted in making, unspecified allegations of corruption said to attend the conduct of the affairs of the corporate defendant. 3In his conduct of the proceedings the plaintiff has had the benefit of documentation provided by the corporate defendant and its current officers, in part in performance of undertakings given to the Court in November last year: Nanitsos v Pantzouris [2012] NSWSC 1396 at [19]-[20]. 4On 26 June 2013 I determined that the time had come for the plaintiff to particularise his allegations in the form of a statement of claim: Nanitsos v Pantzouris [2013] NSWSC 862. 5The plaintiff has failed to meet two deadlines for the filing and service of a statement of claim. 6He says, today, that he cannot file a statement of claim without further information being provided by the corporate defendant and without the provision to him of legal assistance. He accepts that, putting his case at its highest, there is no utility in the proceedings remaining on foot unless he has both. 7His demands for information from the corporate defendant include demands for the provision of information relating to membership of the corporation. 8Although he denies it, the plaintiff appears intent upon using the proceedings as a vehicle for political agitation within the ranks of the corporate defendant's membership. 9I am not in a position to comment, one way or another, about the merits of debates within the membership of the corporate defendant. Nor do I suggest that there is anything wrong with the plaintiff putting the company under scrutiny. My focus is entirely on the need to ensure that any legal proceedings maintained by the plaintiff against the company, and its officers, are properly and duly conducted. 10I remain of the view that the current proceedings require particularity about the allegations made by the plaintiff, a particularity which is nowhere on the horizon. 11Having warned the plaintiff of the risk that the proceedings would be summarily dismissed if he did not take steps to ensure that they could be regularly conducted, and having heard him in opposition to an order for summary disposal of the proceedings, I have reached the conclusion that, as presently instituted and maintained, the proceedings constitute an abuse of the processes of the Court. 12In those circumstances the primary order that I propose to make is that the proceedings be dismissed. In making that order, I am mindful of the apparent determination of the plaintiff, with support, it seems, from the second defendant, to proceed with some form of complaint against the corporate defendant and its officers. I am mindful, also, that that determination to proceed has been underscored by the plaintiff's provision (albeit belatedly) of $5,000 as security for costs. 13However, in my assessment, the plaintiff has had ample opportunity to articulate his case and to obtain such legal advice as may be necessary in order to articulate a case. 14The solicitor appearing today for all defendants other than the second defendant (hereinafter "the defendants") expressly accepts, on behalf of his clients, that summary disposal of the plaintiff's proceedings will not, of itself, preclude the plaintiff from taking further proceedings in the future should he have rights to vindicate. 15In all the circumstances, the appropriate order is for a summary dismissal of the proceedings with costs, and I so order. 16I note that dismissal of the proceedings carries with it termination of undertakings given to the Court, by some of the defendants, about the provision of information to the plaintiff. However, I draw to the defendants' attention that any refusal or failure on their part, in the future, to provide to the plaintiff information to which he claims an entitlement may be the subject of further complaint. 17I confirm that, subject to further order, the defendants may continue to serve on the plaintiff documents, and notice of steps taken in the proceedings, care of the postal address, email address and mobile telephone number he has in open court provided for that purpose. 18At this stage, I decline the defendants' application that they be granted access to the contents of the envelope (marked for identification "MFI DD2" on 2 August 2013) via which the plaintiff, in confidence, disclosed his residential address to the Court: [2013] NSWSC 862 at [25]-[26]. Should he be unresponsive to the defendants' attempts to communicate with him, they have liberty to renew their application.