James v Merryweather [2021] NSWSC 387

Supreme Court New South Wales

Medium Neutral Citation: James v Merryweather [2021] NSWSC 387 Hearing dates: 22 March 2021 Date of orders: 16 April 2021 Decision date: 16 April 2021 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The plaintiff's proceedings are dismissed. (2) The plaintiff is to pay the defendants' costs on an ordinary basis. Catchwords: PRACTICE AND PROCEDURE — Application for summary dismissal — Abuse of process — Res judicata — Where the plaintiff's rights are merged with a prior consent judgment — Application granted Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 13.4 Cases Cited: Australia and New Zealand Banking Group Limited v James (No 3) [2019] NSWSC 832 Chamberlain v Deputy Commissioner of Taxation (1988) 164 CLR 502 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1965] ALR 636; [1964] HCA 69 James v Australia and New Zealand Banking Group Ltd [2020] NSWCA 101 James v Australia and New Zealand Banking Group Ltd (2018) 97 NSWLR 663; [2018] NSWCA 41 James v Australia and New Zealand Banking Group Ltd (No 2) [2017] NSWSC 216 Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty Ltd (2008) 72 NSWLR 160 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; (2015) 323 ALR 1 Trustees for the Roman Catholic Church for the Diocese of Bathurst v Hine [2016] NSWCA 213 Category: Procedural rulings Parties: David Anthony James (Plaintiff) Paul Merryweather and Greg Hall both in their personal capacities and their capacities as Receivers and Managers of each TLR Nominees Pty Ltd (in liq) and Newcastle Liquor Wholesalers Pty Ltd (in Liq) (Defendants) Representation: Counsel: Self-represented (Plaintiff) K. Boyd (Defendants)