Young v Racing NSW Limited and ors [2021] NSWSC 556

Supreme Court New South Wales

Medium Neutral Citation: Young v Racing NSW Limited and ors [2021] NSWSC 556 Hearing dates: 17 May 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Common Law Before: Bellew J Decision: (1) The proceedings brought by the plaintiff against each of the first, second, third, fourth, fifth, sixth and seventh defendants are dismissed. (2) The Registrar is to forward a copy of this judgment to the plaintiff. (3) The question of the costs of the proceedings are reserved. (4) Absent agreement, each party is to provide written submissions to my Associate within 14 days as to the question of costs, such submissions not to exceed 2 pages in length. Catchwords: PRACTICE AND PROCEDURE – Pleadings – Whether reasonable cause of action disclosed – Whether proceedings constituted an abuse of process – Where plaintiff commenced had proceedings in the District Court – Where those proceedings were dismissed – Where plaintiff did not seek to appeal against that decision – Where plaintiff then commenced proceedings in this Court – Where the effect of those proceedings was to re-agitate the determination of the District Court in the guise of an action in negligence – Where the plaintiff complained of discrimination in the conduct of the proceedings in the District Court – Review of transcript of those proceedings at odds with a complaint of discrimination and at odds with a complaint of a denial of procedural fairness – Where statement of claim did not disclose a cause of action against any defendant – Where proceedings were otherwise an abuse of process – Proceedings dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Disability Discrimination Act 1992 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: D'Orta-Ekeniake v Victoria Legal Aid (2005) 223 CLR 1; [2005] HCA 12 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Haines v Australian Broadcasting Corporation (1995) 43 NSWLR 404; [1995] NSWSC 136 Reichel v Macgrath [1889] 14 App Cas 665 Walton v Gardiner (1993) 177 CLR 378; [1993] HCA 77 Young v Racing NSW [2019] NSWDC 662 Young v Racing NSW (No. 2) [2020] NSWDC 785 Category: Procedural rulings Parties: Gary Young – Plaintiff Racing NSW Limited/Racing NSW Country Limited – First Defendant Casino Race Club Limited – Second Defendant Richmond Valley Council – Third Defendant State of New South Wales – Fourth Defendant District Court of NSW – Fifth Defendant YPOL Pty Limited – Sixth Defendant SWAAB – Seventh Defendant Representation: Counsel: Self-represented – Plaintiff B McClintock SC and G Ng – First, Second, Third, Sixth and Seventh Defendants G Bateman – Fourth and Fifth Defendants