District Court
New South Wales
Medium Neutral Citation: Sahid v Brydens Lawyers [2025] NSWDC 335 Hearing dates: 7 and 31 July 2025 Date of orders: 25 August 2025 Decision date: 25 August 2025 Jurisdiction: Civil Before: Cole DCJ Decision: (1) The Defendant’s amended Notice of Motion filed on 28 May 2025 is dismissed.
(2) The costs of the motion are to be costs in the cause.
(3) The plaintiff has leave to rely on her affidavit of 28 July 2025 in the substantive proceedings.
(4) The plaintiff may not rely on further evidence without the leave of the Court.
(5) The proceedings are listed for directions before the Judicial Registrar on 15 September 2025 to fix a date for the hearing of the matter.
Catchwords: CIVIL PROCEDURE — Originating process — application for summary dismissal – alternatively, application for orders setting aside the statement of claim
Legislation Cited: Safety Rehabilitation and Compensation Act 1988 (Cth)
Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited: Agius v New South Wales [2001] NSWCA 371
Clarke v GEO Australia Pty Ltd [2023] NSWSC 716
Dickson v Chaffey & Reddawn [2012] NSWSC 336
Findlay v Victoria [2009] VSCA 294
Martin v Gill [2025] NSWSC 385
O’Brien v Bank of Western Australia Limited [2013] NSWCA 71
Richmond Valley Council v JLT Risk Solutions Pty Ltd [2022] NSWSC 1761
Category: Procedural rulings Parties: Nazrana Sahid (Plaintiff)
Brydens Lawyers (Defendant)Representation: Counsel:
Solicitors:
S Sykes (Defendant)
A Sarfraz (Plaintiff)
Mills Oakley (Defendant)
File Number(s): 2024/133189 Publication restriction: Nil
JUDGMENT
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The defendant, Brydens Lawyers, applied by Notice of Motion on 28 May 2025 to have these proceedings summarily dismissed pursuant to rule 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) (‘the UCPR’). In the alternative, the defendant seeks to have the statement of claim struck out pursuant to rule 14.28 of the UCPR.
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The plaintiff, Ms Sahid, opposes the defendant’s application.
Rule 13.4 and 14.28
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The UCPR say, in r 13.4:
13.4 Frivolous and vexatious proceedings
(1) If in any proceedings it appears to the court that in relation to the proceedings generally or in relation to any claim for relief in the proceedings—
(a) the proceedings are frivolous or vexatious, or
(b) no reasonable cause of action is disclosed, or
(c) the proceedings are an abuse of the process of the court,
the court may order that the proceedings be dismissed generally or in relation to that claim.
(2) The court may receive evidence on the hearing of an application for an order under subrule (1).
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The UCPR say, in r 14.28:
14.28 Circumstances in which court may strike out pleadings
(1) The court may at any stage of the proceedings order that the whole or any part of a pleading be struck out if the pleading—
(a) discloses no reasonable cause of action or defence or other case appropriate to the nature of the pleading, or
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- Case
- [2025] NSWDC 335
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the plaintiff's statement of claim disclosed a reasonable cause of action and if the defendant's application for summary dismissal or setting aside the statement of claim should be granted. Additionally, the court needed to consider whether the plaintiff could rely on certain affidavits in the substantive proceedings and whether she was permitted to adduce further evidence without leave. The legal issues revolved around the adequacy of the plaintiff's statement of claim, the standard of proof required for summary dismissal, and the appropriate conditions for the admissibility of evidence.
The court found that the plaintiff's statement of claim sufficiently disclosed a reasonable cause of action, thus rejecting the defendant's application for summary dismissal. The court also ruled that the plaintiff could rely on her affidavit of 28 July 2025 in the substantive proceedings but could not adduce further evidence without the court's leave. Consequently, the court dismissed the defendant's amended notice of motion and ordered that the costs of the motion be costs in the cause. The proceedings were scheduled for a directions hearing before the Judicial Registrar to set a date for the hearing of the matter.
Orders
Orders of the court
(1) The Defendant’s amended Notice of Motion filed on 28 May 2025 is dismissed.
(2) The costs of the motion are to be costs in the cause.
(3) The plaintiff has leave to rely on her affidavit of 28 July 2025 in the substantive proceedings.
(4) The plaintiff may not rely on further evidence without the leave of the Court.
(5) The proceedings are listed for directions before the Judicial Registrar on 15 September 2025 to fix a date for the hearing of the matter.
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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