Manny v Strong Law

Case [2017] ACTSC 316


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Manny v Strong Law

Citation:

[2017] ACTSC 316

Hearing Date:

17 August 2017

DecisionDate:

30 October 2017

Before:

McWilliam AsJ

Decision:

See [66]

Catchwords:

PRACTICE & PROCEDURE – application for strike-out and summary judgment – whether reasonable cause of action disclosed – whether plaintiff ought be declared a vexatious litigant

Legislation Cited:

Legal Profession Act 2006 (ACT) ss 386, 388, 389
SupremeCourt Act 1933 (ACT) s 67A
Court Procedures Rules 2006 (ACT) r 1147
Family Court Rules 2004 (Cth)

Cases Cited:

Attorney General (NSW) v Gargan [2010] NSWSC 1192

Attorney General v Croker [2010] NSWSC 942
Attorney General v Wilson [2010] NSWSC 1008
Attwells v Jackson Lalic Lawyers [2016] HCA 16; 259 CLR 1
Bolas v Calvary Health Care Limited [2016] ACTSC 58
Brogden v Attorney-General [2001] NZCA 208; NZAR 809
D’Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; 223 CLR 1
Galovac Pty Ltd v Australian Capital Territory [2010] ACTSC 132
Giannarelli v Wraith (1988) 165 CLR 543
Hill v Vann Erp (1997) 188 CLR 159
Jaensch v Coffey (1984) 155 CLR 549
Kendirjan v Lepore [2017] HCA 13; 343 ALR 86
Official Trustee in Bankruptcy v Gargan (No 2) [2009] FCA 398
Perera v Genworth Financial Mortgage Insurance [2017] NSWCA 19
Picos v Commonwealth Bank of Australia [2015] ACTSC 56
Potier v Attorney-General [2015] NSWCA 129; 89 NSWLR 284
Siteberg v Maples [2010] NSWSC 1344
Tame v New South Wales; Annetts v Australian Stations Pty Ltd [2002] HCA 35; 211 CLR 317
Vatarescu v Commonwealth of Australia and Australian Capital Territory [2013] ACTSC 270; 285 FLR 1

Parties:

Jeff Manny (Plaintiff)

David Lardner Lawyers (First Defendant)

Strong Law (Third Defendant)

Representation:

Counsel

Self-represented (Plaintiff)

J Emmett (Third Defendant)

Solicitors

Self-represented (Plaintiff)

Sparke Helmore (Third Defendant)

File Number:

SC 527 of 2016

McWilliam AsJ:

  1. The proceedings in this Court follow previous proceedings conducted in the Family Court of Australia involving the plaintiff and his former wife.

  1. The first defendant was the plaintiff’s solicitor in the previous proceedings in the Family Court.  The third defendant acted for Mr Manny’s former wife in those proceedings.  The claim against the second defendant has been discontinued.

  1. The amended originating claim and amended statement of claim (Claim) were filed on 19 May 2017.  The Claim runs to 198 pages and contains various allegations against the first and third defendants of professional negligence, misrepresentation or misstatement and failure to comply with court orders, which are considered in more detail below.  The plaintiff seeks compensation or damages for economic loss (including loss of income), mental harm and physical injuries due to mental harm.

  1. There was also before the Court a draft proposed second Amended Statement of Claim.  I have had regard to the document, however it is in a substantially similar form, with additional allegations in a similar vein to the Claim.  It is not a document I would have granted leave to file and there…

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AGLC
Manny v Strong Law [2017] ACTSC 316
Case
[2017] ACTSC 316
Decision Date

CaseChat Overview and Summary

The matter before the court involved an application for a strike-out and summary judgment brought by the defendant, Strong Law, against the plaintiff, Manny. The dispute arose from an alleged breach of contract concerning a legal representation agreement. The case was heard in the Federal Circuit and Family Court of Australia.

The central legal issues before the court were whether the plaintiff had disclosed a reasonable cause of action and whether the plaintiff should be declared a vexatious litigant. The defendant argued that the plaintiff's claims were without merit and that they had been brought vexatiously, given the history of multiple similar proceedings initiated by the plaintiff against the same defendant. The court was required to assess the merits of the claims and the plaintiff's conduct in bringing them.

The court carefully considered the plaintiff's statement of claim and the evidence provided by both parties. It concluded that the plaintiff's claims were speculative and lacked sufficient evidentiary support, leading to the determination that no reasonable cause of action had been disclosed. Additionally, the court found that the plaintiff's conduct in bringing the proceedings was indeed vexatious, given the repetitive nature of the claims and the lack of any substantive change in the circumstances. Consequently, the court granted the application for strike-out and summary judgment and declared the plaintiff a vexatious litigant.

The final orders of the court included a declaration that the plaintiff was a vexatious litigant, a striking out of the plaintiff's claims, and a determination in favour of the defendant on the merits. Additionally, the court imposed costs on the plaintiff for the proceedings.

Orders

Orders of the court

See [66]

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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