Williamson v Bendigo and Adelaide Bank Ltd [2020] NSWSC 934

Supreme Court New South Wales

Medium Neutral Citation: Williamson v Bendigo and Adelaide Bank Ltd [2020] NSWSC 934 Hearing dates: 21 July 2020 Date of orders: 21 July 2020 Decision date: 21 July 2020 Jurisdiction: Common Law Before: Bellew J Decision: (1) The question for determination, namely whether the plaintiff was a person under a legal incapacity for the purposes of Division 4 of Part 7 of the Uniform Civil Procedure Rules 2005 (NSW) or in any other sense on 18 August 2017 when proceedings brought in the Equity Division against him by Bendigo and Adelaide Bank Limited which were the subject of a court annexed mediation, is answered "No". (2) Proceedings 2019/283383 brought by the plaintiff against Bendigo and Adelaide Bank Limited are dismissed. (3) The plaintiff is to pay the defendant's costs of the proceedings as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – Where plaintiff commenced proceedings to set aside settlement agreement on the basis of legal incapacity – Whether plaintiff a person under legal incapacity – Where plaintiff conceded that he was not under legal incapacity – No issue to be determined in the proceedings – Proceedings dismissed COSTS – Proceedings dismissed – Where plaintiff sought stay of execution of costs order – No proper basis for staying execution of costs order – Usual costs order made Legislation Cited: Civil Procedure Act 2005 (NSW) Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules (NSW) Cases Cited: Bendigo and Adelaide Bank Ltd v Williamson [2018] NSWSC 1756 Category: Principal judgment Parties: Hugh Francis Arthur Williamson – Plaintiff Bendigo and Adelaide Bank Ltd - Defendant Representation: Counsel: Plaintiff – Self represented A Avery-Williams – Defendant