NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Singh v Singh; Singh v RCMO Pty Limited; Singh v Sharma; Singh v Murphy; Singh v Armstrong; Singh v Tidball [2023] NSWSC 280 Hearing dates: 24 March 2023 Date of orders: 24 March 2023 Decision date: 24 March 2023 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: See [100] to [107] Catchwords: CIVIL PROCEDURE – summary disposal – striking out of pleadings – plaintiff involved in residential tenancy proceedings in NCAT – first plaintiff's wife and daughter signed residential tenancy agreement – first plaintiff contended he was a party to agreement – NCAT removed first plaintiff as party to the proceedings but allowed him to appear – first plaintiff commenced multitudinous proceedings in his name and wife and daughter's name against owners, agents, NCAT members and judges – dismissal of proceedings – strike out of pleadings – where plaintiff is a bankrupt and proceedings brought on behalf of others – pleadings bad in form – judicial immunity and derivative judicial immunity upheld – proceedings dismissed – first plaintiff not given liberty to replead – Vexatious Proceedings Act – power to make order of Court's own motion – interlocutory order made pending outcome of recommendation to Attorney-General – interlocutory order made Legislation Cited: Bankruptcy Act 1966 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Judicial Officers Act 1986 (NSW) Law Reform (Vicarious Liability) Act 1983 (NSW) Residential Tenancies Act 2010 (NSW) Supreme Court Act 1970 (NSW) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Damjanovic v Maley (2002) 55 NSWLR 149; [2002] NSWCA 230 Kaur v Sharma (No 2) [2022] NSWCATAP 360 Kaur v Sharma [2022] NSWCATAP 336 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597; [2002] HCA 11 Singh v Carroll [2023] NSWSC 245 Singh v Charles [2023] NSWSC 245 Singh v Secretary, Department of Communites and Justice [2022] NSWSC 78 Singh v Tidball [2023] NSWSC 96 Wentworth v Wentworth [1999] NSWSC 317 Category: Principal judgment Parties: In proceedings 2022/133947 Gurjit Singh (First Plaintiff) Kiranjit Kaur (Second Plaintiff) Sarvjot Singh (First Defendant) Narinder Sharma (Second Defendant) RCMO Pty Ltd (Third Defendant) Umesh Sharma (Fourth Defendant) Krishna Sharma (Fifth Defendant) NSW Fair Trading Commissioner (Sixth Defendant)
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