Supreme Court
New South Wales
Medium Neutral Citation: Papoutsakis v Scanlon [2024] NSWSC 562 Hearing dates: 10 May 2024 Date of orders: 14 May 2024 Decision date: 14 May 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. Proceedings are summarily dismissed against the fourth and fifth defendants.
2. The plaintiff is to pay the fourth and fifth defendants’ costs of the notice of motion filed on 28 March 2024.
Catchwords: CIVIL PROCEDURE — summary disposal — dismissal of proceedings — where respondent does not have standing to pursue action against the respondents — where no reasonable cause of action disclosed — where allowing matter to proceed would amount to an abuse of process — application for summary dismissal against fourth and fifth defendants granted
Legislation Cited: Bankruptcy Act 1962 (Cth), s116(2)(g)
Uniform Civil Procedure Rules 2005 (NSW), r 13.4
Cases Cited: General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125; [1964] HCA 69
Hill v Van Erp (1997) 188 CLR 159; [1997] HCA 9
Kovarfi v BMT & Associates Pty Ltd (No 2) [2014] NSWSC 100
Magill v Magill (2006) 226 CLR 551; [2006] HCA 51
Moss v Eaglestone [2011] NSWCA 404
Ogbanna v Qantas Airways Limited [2019] WASCA 146
Ogbonna v Qantas Airways Limited & Anor [2024] HCASL 122
Samootin v Shea [2010] NSWCA 371
Singh v Harrowell [2023] NSWSC 420
Smith v Manchester Corporation 17 KIR 1
Category: Procedural rulings Parties: Antonius Papoutsakis (Plaintiff)
Patrick Joseph Dunn (Fourth Defendant)
Justin Gibb Bates (Fifth Defendant)Representation: Counsel:
Ms N Oreb (Fourth & Fifth Defendants)Mr A Papoutsakis (Plaintiff) (Self-Represented)
Solicitors:
Sparke Helmore Lawyers (Fourth & Fifth Defendants)
File Number(s): 2023/361139 Publication restriction: Nil
JUDGMENT
-
The proceedings were commenced with the filing of a statement of claim on 9 November 2023. There are five defendants.
-
Two of the defendants (the fourth and fifth) filed a defence on 22 December 2023. The same two defendants (the applicants) filed a notice of motion on 28 March 2024 in which they request that the proceedings be summarily dismissed against them or, alternatively, that the statement of claim against them be struck out.
-
The applicants, rely on an affidavit of their solicitor, Mr Malcolm Cameron, dated 28 March 2024. Mr Cameron refers to both applicants being employed at “all material times” by a legal firm called Dentons. There is an affidavit from Mr Papoutsakis (the respondent) dated 23 February 2024 which precedes the filing of the motion and is said to be an affidavit verifying the statement of claim.
-
The respondent is self-represented, a fact which is reflected in the style of the statement of claim and his written submissions. Nevertheless, drawing upon the written submissions in the motion, the respondent’s claim, and the general background, seems to be as follows:
in 2016 the respondent endeavoured to obtain a loan, on behalf of his company Papou Pty Ltd, of $500,000 from Prime Capital Securities,…
Continue reading Papoutsakis v Scanlon
Sign in free to access the full text
- AGLC
- Papoutsakis v Scanlon [2024] NSWSC 562
- Case
- [2024] NSWSC 562
- Decision Date
CaseChat Overview and Summary
The court found that the plaintiff did not have standing to bring the action against the fourth and fifth defendants as they were not party to the fiduciary relationship that was alleged to have been breached. Additionally, the court found that no reasonable cause of action had been disclosed against the fourth and fifth defendants. The court held that allowing the matter to proceed would amount to an abuse of process. The court granted the application for summary dismissal against the fourth and fifth defendants.
The court did not make any final orders in relation to the fourth and fifth defendants as the matter had been dismissed. However, the court did not dismiss the action against the other defendants, and the matter was allowed to proceed against them. The court's decision highlights the importance of establishing standing and a reasonable cause of action before proceeding with legal action, and the consequences of an abuse of process.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.