Brown v King [2022] NSWSC 738

Supreme Court New South Wales

Medium Neutral Citation: Brown v King [2022] NSWSC 738 Hearing dates: 1 June 2022 Date of orders: 1 June 2022 Decision date: 01 June 2022 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: (1) Pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005, these proceedings be dismissed against the first and second defendants. (2) The first and second plaintiffs pay the first and second defendants' costs of the proceedings on an indemnity basis, such sum not to exceed $55,000. (3) I order that the notice of motion filed 4 February 2022 be otherwise dismissed. Catchwords: SUMMARY DISPOSAL – re‑litigation of claim already decided – res judicata – estoppel – abuse of process Legislation Cited: Uniform Civil Procedure Rules 2005, r 13.4 Cases Cited: Hana v Shad Legal Services Pty Ltd [2021] NSWCA 258 King v Brown [2020] NSWSC 1010 King v Brown (No 2) [2021] NSWSC 1060 King v Brown (No 3) [2021] NSWSC 1116 State Bank of New South Wales v Alexander Stenhouse Ltd & Ors (1997} Aust Torts Reports 81‑423 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28 Category: Procedural rulings Parties: Geoffrey Phillip Brown (First Plaintiff) Barbara Ann Brown (Second Plaintiff) Stanley King (First Defendant) Blair Pleash (Second Defendant) Representation: Counsel: Mr G Brown, in person (Plaintiffs) Mr P Newton SC; Mr M Hazan (Defendants)