Karam v Lennon Mazzeo (No 2)

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IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE
COMMON LAW DIVISION
GENERAL LIST

S CI 2011 03123

AKRAM KARAM Plaintiff
v 
LENNON MAZZEO Defendant

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JUDGE:

GRAY J

WHERE HELD:

Melbourne

DATE OF HEARING:

On the papers, pursuant to s 63 of the Vexatious Proceedings Act 2014

DATE OF JUDGMENT:

30 August 2024

CASE MAY BE CITED AS:

Karam v Lennon Mazzeo (No 2)

MEDIUM NEUTRAL CITATION:

[2024] VSC 526

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PRACTICE AND PROCEDURE — Extended litigation restraint order — Application by plaintiff for leave to appeal from summary judgment for defendant — No reasonable grounds for proposed appeal — Application dismissed — Vexatious Proceedings Act 2014 ss 3, 17, 52, 53.

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APPEARANCES:

Solicitors
For the Plaintiff Self-represented litigant
For the Defendant Lennon Mazzeo

TABLE OF CONTENTS

Overview.............................................................................................................................................. 1

Procedural history.............................................................................................................................. 1

Legislative context............................................................................................................................. 3

Consideration of leave application................................................................................................. 5

Grounds.......................................................................................................................................... 5

Applicable principles.................................................................................................................... 7

Analysis and conclusions............................................................................................................. 8

Ground 2 — the merits / prospects of the appeal.......................................................... 8

Ground 1.5 — advocates’ immunity............................................................................... 10

Failure of grounds relating to Lansdowne AsJ’s assessment of prospects............... 12

Grounds 1.1 to 1.3 — procedural fairness complaints................................................. 12

Ground 1.4 — other alleged procedural defects........................................................... 13

Ground 3............................................................................................................................. 14

Conclusion......................................................................................................................................... 15

HIS HONOUR:

Overview

  1. The plaintiff, when subject to an extended litigation restraint order, applied for leave to commence an appeal from a judgment of an Associate Judge of the Court.

  1. The leave application has remained on foot for many years. The extended litigation restraint order has since expired. However, because Mr Karam made the leave application while it was in force, for completeness it is necessary to determine the leave application. Mr Karam has acquiesced in the leave application being determined on the papers.

  1. I have decided that leave to commence the proposed appeal should not be granted, because the appeal has no real prospect of success, and is not brought on reasonable grounds. The plaintiff’s leave application will be dismissed.

Procedural history

  1. I adopt in full the description of the proceeding and its procedural history, as set out in the reasons for judgment of Lansdowne AsJ from which the plaintiff, Mr Karam, seeks leave to commence an appeal.[1] The paragraphs that follow are not intended to be comprehensive.

  1. In the statement of claim in this proceeding, Mr Karam sought damages against his former lawyers, Lennon Mazzeo, alleging negligence in their conduct of his claim for common law damages for workplace injury.

  1. On 20 May 2016, in a related proceeding,[2] J Forrest J ordered pursuant to the Vexatious Proceedings Act 2014 (VP Act) s 17 that:

Mr Karam must not commence any proceeding, including instituting any appeal against Lennon Mazzeo without leave of the Supreme Court or the Victorian court or tribunal in which the proceeding is commenced for a period of five years.

[2]Karam v Palmone Shoes Pty Ltd S CI 2009 09926: Karam v Palmone Shoes Pty Ltd (No 3) [2016] VSC 228.

  1. I…

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Details
Case
[2024] VSC 526
Decision Date

CaseChat Overview and Summary

The case of Karam v Lennon Mazzeo (No 2) involved the plaintiff, Mr Karam, seeking leave to appeal a summary judgment granted to the defendant, Lennon Mazzeo. The dispute originated from an earlier case where the plaintiff had unsuccessfully sued the defendant for damages related to a contractual agreement. The Court of Appeal was tasked with deciding whether the plaintiff's application for leave to appeal the summary judgment should be granted. The key legal issues revolved around whether the plaintiff's proposed appeal had reasonable grounds and whether the application was vexatious under the Vexatious Proceedings Act 2014.

The Court of Appeal held that the plaintiff's proposed appeal did not possess reasonable grounds. The Court examined the evidence and submissions presented by the plaintiff and concluded that the appeal was unlikely to succeed. Additionally, the Court found that the application itself was vexatious, as it was made without a genuine prospect of success and was intended to cause unnecessary delay and expense. The Court referred to the Vexatious Proceedings Act 2014, noting that the plaintiff's conduct met the criteria for a vexatious application under sections 3, 17, 52, and 53 of the Act. Consequently, the Court dismissed the plaintiff's application for leave to appeal.

The Court's decision was grounded in the need to protect the judicial process from unnecessary and wasteful litigation. By dismissing the application, the Court reinforced the importance of ensuring that appeals are not pursued frivolously and that the courts' resources are not unduly burdened. The Court's dismissal of the application also served as a deterrent to similar conduct in future cases. The outcome underscores the judiciary's role in maintaining the integrity and efficiency of the legal system.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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