Vangu Kitoko v State of New South Wales [2021] NSWSC 545

Supreme Court New South Wales

Medium Neutral Citation: Vangu Kitoko v State of New South Wales [2021] NSWSC 545 Hearing dates: 14 May 2021 Date of orders: 14 May 2021 Decision date: 14 May 2021 Jurisdiction: Common Law Before: N Adams J Decision: (1) The first defendant's notice of motion dated 5 March 2021 is granted. (2) The proceedings for judicial review commenced by amended summons filed on 18 February 2021 be summarily dismissed pursuant to r 13.4(1)(b) of the Uniform Civil Procedure Rules 2005 (NSW). (3) The plaintiff's notice of motion filed on 14 May 2021 is dismissed. (4) The plaintiff is to pay the costs of the first defendant. Catchwords: PRACTICE AND PROCEDURE — summons – summary dismissal – whether no reasonable cause of action is disclosed – plaintiff seeking judicial review of Prothonotary's decision to decline fee relief application – where alleged error relates to events subsequent to relevant decision – where plaintiff alleged that judicial review proceedings were a monetary claim – whether denial of procedural fairness – whether State's notice of motion "illegal" – summons dismissed Legislation Cited: Administrative Decisions (Judicial) Review Act 1977 (Cth) Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28 Cases Cited: Boris Reznitsky v Roads & Traffic Authority of New South Wales & Ors [2011] NSWSC 775 Dacich v Director of Public Prosecutions (NSW); Kennedy v Director of Public Prosecutions (NSW) (No 2) [2020] NSWCA 346 Dey v Victorian Railways Commissioner (1949) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 Housfeld v Commissioner of Police [2018] NSWSC 1540 Kitoko v University of Technology Sydney [2018] NSWSC 1007 Kitoko v University of Technology Sydney [2019] NSWSC 1437 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71 Potkonyak v Attorney General of NSW [2019] NSWSC 987 Category: Principal judgment Parties: Vangu Kitoko (Plaintiff) State of NSW (First Defendant) Prothonotary of the Supreme Court of New South Wales (Second Defendant) Representation: Counsel: Ms N Wootton (First Defendant)