Nguyen v The Star Pty Limited [2022] NSWSC 979

Supreme Court New South Wales

Medium Neutral Citation: Nguyen v The Star Pty Limited [2022] NSWSC 979 Hearing dates: 7 July 2022 Date of orders: 25 July 2022 Decision date: 25 July 2022 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The proceedings are dismissed pursuant to Uniform Civil Procedure Rules 2005 (NSW) 13.4(1)(b). (2) The plaintiff is to pay the defendant's costs. Catchwords: CIVIL PROCEDURE – Uniform Civil Procedure Rules 2005 (NSW) rr 13.4(1) and 14.28 – Application for dismissal – Whether proceedings frivolous or vexatious – Exclusion order from Casino – Monetary claim – No Loss – No cause of action – proceedings dismissed. Legislation Cited: Uniform Civil Procedure Rules 2005 (UCPR) r 13.4, 14.28 Civil Procedure Act 2005 (NSW) s 56, 57, 58, 59, 60, 67 Casino Control Act 1992 (NSW) ss 3, 4A, 77, 78, 79, 80, 81, 82, 84 Cases Cited: General Steel Industries Inc. v Commissioner for Railways (NSW) (1964) 112 CLR 125 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534. Category: Procedural rulings Parties: Kim Nguyen (Plaintiff) The Star Pty Limited (Defendant) Representation: Counsel: J. Hynes with P. Kucharski (Defendant)

Solicitors: Self-represented (Plaintiff) Gadens Lawyers (Defendant) File Number(s): 2022/89816 Publication restriction: Nil

Judgment 1. HER HONOUR: This matter involves a notice of motion seeking dismissal of proceedings. 2. The plaintiff is Kim Nguyen. She was not legally represented. Her partner, Mr Anderson, spoke on her behalf with her consent. The plaintiff at times gave instructions to Mr Anderson. I granted leave for Mr Anderson to speak on behalf of the plaintiff. The defendant is The Star Pty Limited. Mr Hynes of Counsel appeared for the defendant/applicant. He neither consented nor opposed the grant of leave (T1.44). The parties relied on a Court book ("Ex 1"). 3. By way of notice of motion filed 6 May 2022, the defendant relevantly seeks: 1. Order that the proceeding be dismissed, including pursuant to rule 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) ("UCPR"). 2. In the alternative to (1) above, an order: 1. that the proceeding be permanently stayed, including pursuant to section 67 of the Civil Procedure Act 2005 (NSW); or 2. further and alternatively, that the Statement of Claim be struck out pursuant to rule 14.28 of the UCPR with no leave to replead. 1. At the hearing, the defendant does not press order 2(a) of the notice of motion.