Golden v Anderson & Ors [2023] NSWSC 97

Supreme Court New South Wales

Medium Neutral Citation: Golden v Anderson & Ors [2023] NSWSC 97 Hearing dates: 6 February 2023 Date of orders: 6 February 2023 Decision date: 06 February 2023 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The proceedings are dismissed. (2) I direct that within 7 days, the defendants file their written submissions in relation to costs and any ancillary orders and give notice to the plaintiff of what orders they are seeking. (3) The plaintiff is to file its written submissions 7 days after receipt of the defendants' submissions on the question of costs and any ancillary orders. (4) The matter is listed on a date and time to be fixed for the purpose of hearing submissions as to costs. Catchwords: CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Abuse of process – defective pleadings – whether pleadings disclose a reasonable cause of action TORT – whether allegations of fact capable of supporting the elements of the tort Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 6.29, 13.4, 14.28 Cases Cited: General Steel Industries v Commissioner for Railways (NSW) (1964) 112 CLR 125 Golden v Koffel [2021] NSWSC 739 Golden v Littleproud [2019] NSWSC 120 Golden v V'landys [2015] NSWSC 1709 Golden v V'landys [2016] NSWCA 300 Golden v V'landys (No 2) [2016] NSWCA 350 Golden v V'landys [2019] NSWSC 1362 Golden v V'landys [2020] NSWCA 120 Magill v Magill [2006] HCA 51 Texts Cited: None Category: Principal judgment Parties: Joseph Paul Golden (Plaintiff) Kevin John Anderson (First Defendant) Dominic Perrottet (Second Defendant) Chris Gulaptis (Third Defendant) Murray Watt (Fourth Defendant) David Littleproud (Fifth Defendant) Barnaby Joyce (Sixth Defendant) Kevin Hogan (Seventh Defendant) Representation: Counsel: S Chordia (First and Second Defendants) S Nixon SC with L Thomas (Fourth, Fifth and Sixth Defendants)