CBRE (v) Pty Limited v Trilogy Funds Management Limited [2021] NSWCA 316 (14 December 2021) (Bell P, Basten and Macfarlan JJA)


Catchwords:


CIVIL PROCEDURE – summary dismissal of proceedings – abuse of process – separate proceedings brought by different plaintiffs against same defendant – overlapping factual and legal issues – judgment delivered in first proceedings – application for leave to appeal against primary judge’s refusal to summarily dismiss second proceedings – actions of plaintiff in second proceedings not unreasonable – absence of any decisive overriding consideration of public interest – no abuse of process in second proceedings