Sanjiv v Coleman Greig Lawyers Pty Ltd

In Sanjiv v Coleman Greig Lawyers Pty Ltd, the plaintiff, Sanjiv, sought to sue the defendant, Coleman Greig Lawyers Pty Ltd, for costs associated with previous family law proceedings and related matters. Coleman Greig Lawyers applied to have the plaintiff’s summons dismissed on the grounds of abuse of process, as the plaintiff had already initiated related proceedings in the court seeking substantially similar relief. These related proceedings were currently part-heard, and the court had previously refused the plaintiff’s leave to pursue certain relief in those proceedings. The summons filed by the plaintiff contained similar relief to what had been refused in the related proceedings. The court held that the plaintiff’s conduct in filing new summons constituted an abuse of process, and the plaintiff’s summons were dismissed.

The court also examined the meaning of "court" in the context of the Uniform Civil Procedure Rules 2005 (NSW) and the plaintiff’s attempt to seek an appeal or review of an order for default judgment made by the Principal Registrar of the District Court. The court discussed the right of review under rule 49.19 of the Uniform Civil Procedure Rules and found that the right to appeal under section 127 of the District Court Act 1973 (NSW) did not apply to the plaintiff's claim. The court also considered issues of forum and delay, concluding that the relief sought in the summons was untenable.

Regarding the application for costs, Coleman Greig Lawyers sought a gross sum costs order due to the protracted litigation between the parties and the plaintiff's intention to permanently relocate overseas. The court held that a gross sum costs order should be made given the circumstances of the case.