CIVIL PROCEDURE — application of seventh defendant for dismissal of proceedings against her pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) — where argument advanced by seventh defendant for dismissal of the proceedings is substantially the same as will be advanced at trial — whether plaintiff’s case has no real prospects of success or is otherwise an abuse of process — no issue of principle
Quick Take
1Where a defendant's application for summary dismissal under r 13.4 UCPR requires the court to resolve a contested factual question — here, whether the defendant authored particular text messages — that determination is a matter for trial and the application will not succeed.
2The General Steel threshold for summary dismissal is not met where the plaintiff adduces evidence that might provide a basis for the alleged cause of action, even if the defendant disputes the factual foundation of that evidence.
