Gillies v State of New South Wales & Ors [2022] NSWSC 640

Supreme Court New South Wales

Medium Neutral Citation: Gillies v State of New South Wales & Ors [2022] NSWSC 640 Hearing dates: 14 March 2022; 8 April 2022 Date of orders: 30 May 2022 Decision date: 30 May 2022 Jurisdiction: Common Law Before: Bellew J Decision: (1) The proceedings are dismissed. (2) The notice of motion filed by the plaintiff on 23 February 2022 is dismissed. (3) Absent agreement as to costs, the parties are to provide written submissions, not exceeding 1 page in length, within 7 days. Catchwords: PRACTICE AND PROCEDURE – Statement of claim purporting to plead multiple causes of action including allegations of conspiracy and misfeasance in public office – Where case put by the plaintiff in the course of the hearing of the notices of motion was different to and narrower than the pleadings – Where the proceedings had been commenced against a background of numerous other proceedings in which similar allegations had been made – Where all previous proceedings had been dismissed – No reasonable cause of action disclosed – Proceedings statute barred in any event – Proceedings dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Limitation Act 1969 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Dey v Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 General Steel Industries Inc. v Commissioner of Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Gillies v The District Court of New South Wales [2014] NSWCA 357 Gillies v Brewer [2014] NSWSC 1198 Gillies v Director of Public Prosecutions (NSW) [2008] NSWCCA 339 Gillies v District Court of New South Wales [2014] NSWCA 357 Gillies v Eastlake [2014] NSWSC 611 Gillies v Legal Aid Commission of New South Wales [2020] NSWSC 836 Gillies v State of New South Wales (No 2) [2014] NSWSC 1598 Gillies, Max Perry – Application under Part 7 Crimes (Appeal and Review) Act 2001 [2021] NSWSC 1392 Hillebrand v Penrith Council [2000] NSWSC 1058 Krakowski v Eurolynx Properties Limited (1995) 183 CLR 563; [1995] HCA 68 McGuirk v University of New South Wales [2009] NSWSC 1424 Nguyen v QTC Mechanical Services Pty Limited [2019] NSWSC 1629 Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514; [1992] HCA 55 Category: Principal judgment Parties: Max Perry Gillies – Plaintiff State of New South Wales – First Defendant Attorney-General for New South Wales – Second Defendant Mark Speakman – Third Defendant Steve Benson – Fourth Defendant Catherine D'Elia – Fifth Defendant Holly Stenning – Sixth Defendant Natalie Adams – Seventh Defendant Representation: Counsel: Self-represented – Plaintiff N Bentley – Defendants