[2025] TASSC 59
| COURT: | SUPREME COURT OF TASMANIA |
| CITATION: | Ringrose v Clarence City Council [2025] TASSC 59 |
| PARTIES: | RINGROSE, Andrew-Grant |
| v | |
| CLARENCE CITY COUNCIL | |
| FILE NO: | 2812/2025 |
| DELIVERED ON: | 31 October 2025 |
| DELIVERED AT: | Hobart |
| HEARING DATE: | 30 October 2025 |
| JUDGMENT OF: | Daly AsJ |
| CATCHWORDS: |
Procedure — Civil proceedings in State and Territory Courts — Ending proceedings early – Summary judgment for defendant – Stay or dismissal of proceedings — Plaintiff's case challenges the power of a municipal council to levy rates and his liability to pay them — Plaintiff's case is so obviously untenable that it cannot possibly succeed — Pseudo legal claims and submissions present no real question to be tried — Order for judgment against the plaintiff.
Aust Dig Procedure [1305]
Procedure — Civil proceedings in State and Territory Courts — Ending proceedings early – Summary judgment for defendant: stay or dismissal of proceedings — Other matters — Evidence not admissible on the question whether the pleadings (a) disclose any reasonable cause of action; or (b) show that the cause of action is frivolous or vexatious under r 259 — Evidence is admissible on the questions arising on an application under r 367.
Aust Dig Procedure [1308]
Hall v Hall [1996] TASSC 87 at [2] followed.
REPRESENTATION:
Counsel:
Applicant: P Jackson SC Respondent: In person
Solicitors:
Applicant: Simmons Wolfhagen
| Judgment Number: | [2025] TASSC 59 |
| Number of paragraphs: | 37 |
Serial No 59/2025 File No 2812/2025
ANDREW-GRANT RINGROSE v CLARENCE CITY COUNCIL
| REASONS FOR JUDGMENT | DALY AsJ 31 October 2025 |
| Introduction |
1 These are my reasons for granting the interlocutory application brought by the defendant and for making an order dismissing the plaintiff's action against the defendant. In these reasons I will refer to the plaintiff as Mr Ringrose and to the defendant as the Council.
2 This is an application for summary judgment brought by the defendant seeking judgment under r 367 on the basis that the action is frivolous or vexatious: r 367(2)(a). Alternatively, the defendant applied for an order under r 259 that the action be dismissed, permanently stayed, or the statement of claim be struck out, and that judgment be entered for the defendant accordingly.
3 The Council's application for summary judgment under r 367 was brought out of time and it has therefore sought an extension of time for bringing that application. For the reasons set out below, I have granted that application.
Time is extended to apply for summary judgment
4 For the following reasons, I propose to make an order extending the time within which the defendant may apply for summary judgment under r 367(1).
5 The legal principles to be applied to the determination of whether time should be extended are set out at par 8 of the Council's submissions. I accept these submissions. In Burnett v Fitzgerald and Browne [2017] TASSC 31 at [10]-[12], Brett J observed that there are four matters to be considered, no one factor being determinative and the weight…
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- Case
- [2025] TASSC 59
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CaseChat Overview and Summary
The central legal issues before the court revolved around the validity of the Council's power to impose rates and Mr. Ringrose's obligation to pay them. Additionally, the court had to consider whether Mr. Ringrose's claims, which were described as pseudo-legal, warranted a trial or if they were so evidently baseless that they warranted summary dismissal. The court needed to determine whether the proceedings could be concluded early without a full trial, based on the evident untenability of the plaintiff's case.
In examining the merits of the plaintiff's claims, the court found that Mr. Ringrose's arguments against the Council's authority to levy rates were not only implausible but also contradicted by established legal precedents. The court concluded that the plaintiff's case was not just weak but fundamentally flawed, with no real prospect of success. The arguments presented were deemed to be pseudo-legal, lacking any substantive legal basis, and therefore did not constitute a genuine question to be tried. Consequently, the court granted the Council's application for summary judgment, dismissing Mr. Ringrose's proceedings and declaring that he was liable for the rates imposed by the Council. The court's decision effectively brought the matter to a close without the need for a full hearing.
Orders
Orders of the court
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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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