abuse of process

Macarthur Projects Pty Ltd v Cottage Developers Pty Ltd [2019] NSWSC 1149

CIVIL PROCEDURE— Summary disposal — Dismissal of proceedings — Abuse of process – application for dismissal of proceedings or the striking out of the statement of claim or orders in respect of costs incurred in earlier proceedings – whether an abuse of process to bring fresh proceedings in circumstances where the first proceedings were dismissed for their failure to provide security for costs.

Tim Castle represented the Defendants.

Reasons for the decision can be found here.