Manny v Australian Postal Corporation

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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Manny v Australian Postal Corporation

Citation: 

[2025] ACTSC 148

Hearing Date: 

13 March 2024

Submissions last received:

28 March 2024

Decision Date: 

14 April 2025

Before:

McWilliam J

Decision: 

1.    The Further Amended Originating Claim filed 16 February 2024, Amended Originating Claim filed 18 October 2023 and Amended Statement of Claim filed 18 October 2023 are each struck out.

2.    Proceeding SC 95 of 2023 is dismissed.

3.    The plaintiff is to pay the defendant’s costs of the proceeding.

Catchwords: 

CIVIL PROCEDURE – INTERLOCUTORY APPLICATION – summary judgment – summary dismissal – where no cause of action disclosed – whether proceedings constitute abuse of process – where claims sought to be raised previously litigated and determined – where defendant also relies on statutory immunity – summary dismissal ordered               

Legislation Cited: 

Australian Postal Corporation Act 1989 (Cth) s 34

Court Procedures Act 2004 (ACT) s 5A

Court Procedures Rules 2006 (ACT) rr 405, 406, 407, 425, 432, 505, 1146(2), 1147(2)

Cases Cited: 

Arrow International Australia Ltd v Group Konstrukt Pty Ltd [2012] ACTCA 37; 7 ACTLR 48

Australia & New Zealand Banking Group Ltd v Manny & Ors (No 2) [2013] ACTSC 143

Batistatos v Roads and Traffic Authority(NSW) [2006] HCA 27; 226 CLR 256

Bolas v Calvary Health Care ACT Ltd [2016] ACTSC 58

Canberra Data Centres Pty Ltd v Vibe Constructions (ACT) Pty Limited [2010] ACTSC 20; 4 ACTLR 114

Galovac Pty Ltd v Australian Capital Territory [2010] ACTSC 132; 19 ACTLR 238

General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125

Kevern v Marshall [2012] ACTSC 9

Macdougall v Knight (1890) 25 QBD 1

Manny v Australian Capital Territory [2025] ACTSC 151

Manny v Commonwealth (No 2) [2025] ACTSC 146

Manny v Shiels [2022] ACTCA 22

McGuirk v The University of New South Wales [2009] NSWSC 1424

P and W v Manny and Anor [2010] ACTSC 50

Permanent Trustee Australia Ltd v FAI General Insurance Co Ltd (in liq) [2003] HCA 25; 214 CLR 514

Piepkorn v Caroma Industries Ltd [2002] FCAFC 37

Shiels v Manny and Manny Pty Ltd; Manny v Shiels [2012] ACTCA 22

Szanto v Bainton [2011] NSWSC 985

Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28; 256 CLR 507

UBS AG v Tyne [2018] HCA 45; 265 CLR 77

Walton v Gardiner (1993) 177 CLR 378

Young v Hones [2014] NSWCA 337

Parties: 

Jeff Manny ( Plaintiff)

Australian Postal Corporation ( Defendant)

Representation: 

Counsel

Self-represented ( Plaintiff)

B Jones ( Defendant)

Solicitors

Self-represented ( Plaintiff)

Moray & Agnew ( Defendant)

File Number:

SC 95 of 2023

McWILLIAM J:          

1․Mr Jeff Manny (the plaintiff) is suing the Australian Postal Corporation (Australia Post) on a variety of common law and statutory causes of action, in relation to difficulties that arose with the redirection and timely delivery of his mail.  Relief in the form of compensation for $14 million…

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Details
Case
[2025] ACTSC 148
Decision Date

CaseChat Overview and Summary

The case before the court involved a plaintiff, Manny, who brought an action against the Australian Postal Corporation. The nature of the dispute was centred around alleged breaches of contract and negligence in the handling and delivery of parcels. The matter was brought before the court for an interlocutory application seeking summary judgment. The defendant, in turn, applied for the proceedings to be dismissed due to the absence of a valid cause of action, arguing that the claims had already been litigated and determined, and that the proceedings constituted an abuse of process. Additionally, the defendant relied on statutory immunity as a defence.

The legal issues before the court were whether the plaintiff had disclosed a reasonable cause of action and if the proceedings were an abuse of the court process. The court had to consider the plaintiff's previous litigation history, the applicability of statutory immunity, and the principles governing summary dismissal. The court needed to determine whether the plaintiff's claims were res judicata or whether they could be revived under any circumstances. The court also had to assess if the application for summary judgment was appropriate given the defendant's defence of immunity and the history of the case.

The court found that the plaintiff had not disclosed a reasonable cause of action as the claims had already been determined in previous litigation and the plaintiff had not presented any new evidence or arguments to support the claims. The court also found that the proceedings constituted an abuse of process due to the re-litigation of previously determined claims. Additionally, the defendant's reliance on statutory immunity further supported the argument for summary dismissal. The court determined that the plaintiff's claims were res judicata and could not be revived. The court ultimately ordered that the plaintiff's claims be struck out, the proceeding dismissed, and the plaintiff pay the defendant’s costs.

Orders

Orders of the court

1. The Further Amended Originating Claim filed 16 February 2024, Amended Originating Claim filed 18 October 2023 and Amended Statement of Claim filed 18 October 2023 are each struck out.

2. Proceeding SC 95 of 2023 is dismissed.

3. The plaintiff is to pay the defendant’s costs of the proceeding.

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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