Prefumo v Vollaire

Case [2011] WADC 22


PREFUMO -v- VOLLAIRE [2011] WADC 22
Last Update:  14/03/2011
PREFUMO -v- VOLLAIRE [2011] WADC 22
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2011] WADC 22
Case No: CIV:523/2010, CIV:1132/2010, CIV:1370/2010, CIV:1426/2010, CIV:1519/2010, CIVO:74/2010, CIVO:90/2010, CIVO:91/2010, CIVO:92/2010, CIVO:93/2010   Heard: 24 NOVEMBER 2010
Coram: SLEIGHT DCJ   Delivered: 16/02/2011
Location: PERTH   Supplementary Decision:
No of Pages: 27   Judgment Part: 1 of 1
Result: Judgments for the defendant
[Click here for Judgment in Adobe Acrobat Format ]
Parties: LOUIS MARCEL ANGELO GILBERT PREFUMO
JEANNE MARIE PAOLA VOLLAIRE

Catchwords: Application for extension of limitation period on grounds of mental disability Turns on its own facts Application to strike out claims on the basis of no reasonable cause of action and abuse of process Plaintiff seeking redress for hardships arising from Family Court orders Claims for damages for defamation arising from Family Court proceedings Meaning of abuse of process Meaning of reasonable cause of action Turns on its own facts
Legislation: Family Court Act 1975 (Cth)
Family Court Act 1997 (WA)
Rules of the Supreme Court 1971, O 20 r 19
Statute of Limitations Act 1935 (WA)
Statute of Limitations Act 2005 (WA)

Case References: Barclay Mowlem Construction Ltd v Dampier Port Authority & Anor [2006] WASC 281
Batistatos v Roads & Traffic Authority of New South Wales [2006] HCA 27; (2006) 227 ALR 425
Cabassi v Vila [1941] ALR 33; (1940) 64 CLR 130
Connelly v Sunday Times Publishing Co Ltd [1908] HCA 60; (1908) 7 CLR 263
Corlette Pty Ltd v Shell Company of Australia Ltd [1999] WASC 24
Cox v Journeaux (No 2) (1935) 52 CLR 713
Giannarelli and Schulkes v Wraith [1988] HCA 52; (1988) 165 CLR 543
Hadley v Baxendale (1854) 9 Exch 341; 156 ER 145
Haines v Australian Broadcasting Corporation (1995) 43 NSWLR 404
Joyce v Palassis [No 3] [2007] WASC 214
Kimberley Downs Pty Ltd v Western Australia (Unreported, WASC, Library No 6414, 25 August 1986
Lee v St George Bank Ltd [2006] WASC 221
R v Carroll (2002) 213 CLR 635
Re, Attorney General (Cth); Ex parte Skyring (1996) 70 ALJR 321
Ridgeway v The Queen (1995) 184 CLR 19
Rogers v The Queen (1994) 181 CLR 251
Sewell v Wilson [2010] WASCA 152
State Bank of New South Wales Ltd v Stenhouse Ltd (1997) Aust Torts Reports 81-423
Walton v Gardiner (1993) 177 CLR 378



JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CHAMBERS
LOCATION : PERTH CITATION : PREFUMO -v- VOLLAIRE [2011] WADC 22 CORAM : SLEIGHT DCJ HEARD : 24 NOVEMBER 2010 DELIVERED : 16 FEBRUARY 2011 FILE NO/S : CIV 523 of 2010
                  CIV 1132 of 2010
                  CIV 1370 of 2010
                  CIV 1426 of 2010
                  CIV 1519 of 2010
                  CIVO 74 of 2010
                  CIVO 90 of 2010
                  CIVO 91 of 2010
                  CIVO 92 of 2010
                  CIVO 93 of 2010
BETWEEN : LOUIS MARCEL ANGELO GILBERT PREFUMO
                  Plaintiff

                  AND

                  JEANNE MARIE PAOLA VOLLAIRE
                  Defendant



(Page 2)

Catchwords:
Application for extension of limitation period on grounds of mental disability - Turns…

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Prefumo v Vollaire [2011] WADC 22
Case
[2011] WADC 22
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CaseChat Overview and Summary

The case of Prefumo v Vollaire involves the plaintiff, Prefumo, seeking to challenge Family Court orders that were made against her while she was experiencing mental health issues. The plaintiff brought claims for damages for defamation and to redress the hardships arising from the Family Court orders. The defendant, Vollaire, applied to strike out the claims on the basis that they were an abuse of process and there was no reasonable cause of action. The court was required to determine whether the plaintiff's application for an extension of the limitation period was appropriate given her mental disability and whether the claims against the defendant were an abuse of process or lacked a reasonable cause of action.

The court found that the plaintiff's application for an extension of the limitation period was dependent on its own facts, and the court would need to consider the specific circumstances of the case before making a decision. The court also considered the meaning of abuse of process and a reasonable cause of action in the context of the case. The court found that the plaintiff's claims were an abuse of process and lacked a reasonable cause of action, as they were an attempt to relitigate matters that had already been decided by the Family Court. The court found that the claims were brought for an improper purpose, which was to gain an advantage in a matter that had already been decided.

The court found in favour of the defendant and dismissed the plaintiff's claims. The court found that the plaintiff's claims were an abuse of process and lacked a reasonable cause of action, and the application for an extension of the limitation period was denied. The court found that the plaintiff had no reasonable prospects of success in the proceedings and that the claims should be struck out. The court made orders that the plaintiff's claims be dismissed and that the defendant be awarded costs.

Orders

Orders of the court

Judgments for the defendant

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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