Parties: Felicia Vacaru (Plaintiff) vs. John Legge, Legge & Legge, Tanya Pagliaroli, TAP Law, and proposed addition of Lawyers' Professional Indemnity Company (Defendants).
Claim: $3.5M in damages for alleged conspiracy, perjury, and introduction of falsified evidence during prior litigation.
Key Allegations:
The defendants, including Ms. Vacaru's former lawyer (Legge) and his counsel (Pagliaroli/TAP Law), fabricated and misrepresented evidence during prior divorce and professional negligence proceedings.
Vacaru claimed that the Lawyers’ Professional Indemnity Company (LawPro) instructed or supported this misconduct.
Court Decision:
Defendants’ Motion: Sought to dismiss the claim entirely as:
Frivolous, vexatious, and an abuse of process.
A collateral attack on previous rulings upheld by the Court of Appeal.
Barred by the doctrine of absolute privilege (immunity for statements in court).
Ruling: The court dismissed Ms. Vacaru’s claim without leave to amend, agreeing it was an impermissible re-litigation of issues resolved in prior cases.
Legal Reasoning:
Abuse of Process: The claim improperly sought to challenge prior court decisions instead of pursuing appeal mechanisms.
Absolute Privilege: Statements made during court proceedings are immune from legal action.
No Reasonable Cause of Action: The claim lacked a basis in law, rendering it unsustainable.
Costs:
Defendants to submit costs within three weeks, with Ms. Vacaru allowed two weeks to respond. No amount specified.
