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Supreme Court dismisses appeal from High Court, and affirms order to dismiss a claim by a plaintiff in other proceedings against the solicitors for the defendant in those proceedings for alleged conspiracy, engaging a private detective and making fraudulent allegations, on the grounds that the High Court judge had made no error in determining that the claim was unsustainable.
Denham CJ (nem diss): Claim against solicitors - damages for nuisance, breach of constitutional rights and claim for discovery - dispute between plaintiff and UK oil distributor - claim against solicitor for oil distributor - alleged conspiracy by solicitors against plaintiff - allegation that private detective was engaged to threaten plaintiff and his family - allegation that fraudulent allegations had been made against plaintiff - application by solicitors to strict out claim - no reasonable cause of action - frivolous, vexatious, abuse of process, bound to fail - whether claim clearly unsustainable - claim dismissed by High Court (Hedigan J) - whether any error by High Court judge.
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