Williamson v Elders Rural Services & ors [2020] NSWSC 933

Supreme Court New South Wales

Medium Neutral Citation: Williamson v Elders Rural Services & ors [2020] NSWSC 933 Hearing dates: 21 July 2020 Date of orders: 21 July 2020 Decision date: 21 July 2020 Jurisdiction: Common Law Before: Bellew J Decision: (1) Question 1, namely, whether the plaintiff was a person under legal incapacity for the purposes of Division 4 of Part 7 of the Uniform Civil Procedure Rules 2005 (NSW), or in any other sense, during the period 27-29 November 2017, or any other time prior to 30 June 2018 (and if so when), is answered "No"; (2) The plaintiff's application for leave to file the further amended statement of claim in the form of MFI 1 before me is refused. (3) The plaintiff's claim against all four defendants is dismissed. (4) The plaintiff is to pay the costs of the first, second, third and fourth defendants as agreed or assessed. (5) I list the defendants' applications for relief pursuant to s 8 of the Vexatious Proceedings Act 2008 (NSW) for directions before the Registrar on Friday, 24 July 2020 at 9.30am. Catchwords: PRACTICE AND PROCEDURE – Where plaintiff commenced proceedings to set aside judgment on the basis of legal incapacity – Whether plaintiff a person under legal incapacity – Where plaintiff conceded that he was not under legal incapacity – No proper basis for the continuation of proceedings – Proceedings dismissed PRACTICE AND PROCEDURE – Pleadings – Notice of motion – Application for leave to further amend statement of claim – Where further amended statement of claim did not properly plead a cause of action – Where plaintiff bound by issue estoppel – Application refused – Proceedings dismissed COSTS – Dismissal of notice of motion – Usual costs order made Legislation Cited: Civil Procedure Act 2005 (NSW) Limitation Act 1969 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Williamson v Bendigo and Adelaide Bank [2020] NSWSC 934 Williamson v Elders Rural Services Australia Limited (No. 2) [2018] NSWSC 1986 Williamson v Elders Rural Services Australia Ltd [2019] NSWCA 137 Williamson v Elders Ltd and ors [2016] NSWSC 450 Category: Principal judgment Parties: Hugh Francis Arthur Williamson – Plaintiff Elders Rural Services Australia Limited – First defendant Rural Bank Ltd – Second defendant Bendigo and Adelaide Bank Ltd – Third defendant Elders Ltd – Fourth defendant Representation: Counsel: Plaintiff – Self represented D Robertson – First and fourth defendants A Avery-Williams – Second and third defendants