Michael Van Thanh Quach v Kevin John Daly and Robin Daly

In the matter of Michael Van Thanh Quach v Kevin John Daly and Robin Daly, the plaintiff, Michael Quach, has filed six statements of claim against the defendants, Kevin and Robin Daly. The plaintiff alleges that the defendants entered into binding contracts of sale for a property and business, but have refused to complete the sales. Quach seeks specific performance and compensation for loss caused by the delay. The defendants have argued that each iteration of the pleaded claim has been incompetent and they cannot plead in response. They have applied for the claim to be struck out without leave to replead, and for summary judgment to be entered against the plaintiff, or for leave to apply for summary judgment before filing a defence.

The court considered the issue of whether the claim should be struck out, and if so, whether leave should be given to replead. The court also considered the issue of whether summary judgment should be given, given that the events in issue occurred less than six years ago and the plaintiff's conduct creates concern that he will commence further actions against the defendants concerning the same allegations. The court found that the plaintiff's conduct in filing multiple statements of claim that varied over time was vexatious and an abuse of process. The court found that the claim should be struck out without leave to replead, and that the plaintiff should be restrained from instituting any further proceedings against the defendants concerning the same allegations without first obtaining the leave of a judge of the Trial Division of the Supreme Court.

The court also found that the defendants were entitled to summary judgment on the basis that the plaintiff's claim was statute-barred and had no reasonable prospects of success. The court made an order striking out the claim and restraining the plaintiff from instituting any further proceedings without leave of the court. The court also made an order that summary judgment be entered against the plaintiff, and that the defendants be given leave to apply for summary judgment before filing a defence. These orders effectively bring the proceedings to an end.