Golden v Koffel [2021] NSWSC 739

Supreme Court New South Wales

Medium Neutral Citation: Golden v Koffel [2021] NSWSC 739 Hearing dates: 18 June 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: The proceedings are dismissed. The plaintiff to pay the defendants' costs of the proceedings, including the costs of the motion. Catchwords: CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — No reasonable cause of action or defence — UCPR rr 13.4 and 14.28 — where plaintiff sued his former solicitors — Advocates' immunity — work done in and out of court Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Attwells v Jackson Lalic Lawyers Pty Ltd (2016) 259 CLR 1 D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1 General Steel Industries v Commissioner of Railways NSW (1964) 112 CLR 125 Giannarelli v Wraith (1988) 165 CLR 543 Golden v V'landys [2015] NSWSC 1709 Golden v V'landys [2016] NSWCA 300 Category: Consequential orders Parties: Joseph Paul Golden (Plaintiff) Ross Koffel (First Defendant) Koffels Pty Ltd (Second Defendant) Representation: Counsel: I Griscti (First and Second Defendants)

Solicitors: Plaintiff (Self-represented) Gilchrist Connell (First and Second Defendants) File Number(s): 2020/00322134 Publication restriction: Nil

EX TEMPORE Judgment (REVISED) 1. This matter comes before the court today by way of a notice of motion filed by the defendants on 16 March 2021, pursuant to which the defendants seek orders that: 1. The proceedings be dismissed pursuant to Rule 13.4 of the Uniform Civil Procedure Rules 2005 (NSW), and, in the alternative, 2. The amended statement of claim filed on 26 November 2020 be struck out in whole or in part pursuant to Rule 14.28 UCPR. 1. The plaintiff appears in person. Ivan Griscti of counsel appears on behalf of the defendants. 2. The defendants read an affidavit of Alexander Boyd Haslam sworn 16 March 2021. The plaintiff read and relied upon a number of his own affidavits, being affidavits of 2 February 2021, 13 April 2021, 4 May 2021, and 11 May 2021. 3. Both parties provided helpful submissions.