Martin v Ross & Ors; Martin v Vardanega & Ors [2023] NSWSC 303

Supreme Court New South Wales

Medium Neutral Citation: Martin v Ross & Ors; Martin v Vardanega & Ors [2023] NSWSC 303 Hearing dates: 27 March 2023 Date of orders: 30 March 2023 Decision date: 30 March 2023 Jurisdiction: Common Law Before: Chen J Decision: Proceedings 2022/295916: (1) Order, pursuant to rule 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW), that the proceedings against the third, fourth and fifth defendants be dismissed. (2) Order that the plaintiff pay the third and fourth defendants' costs of, and incidental to, the notice of motion dated 5 December 2022. (3) Order that the plaintiff pay the fifth defendant's costs of, and incidental to, the notice of motion dated 1 December 2022. (4) Order that the plaintiff pay the third, fourth and fifth defendants' costs of the proceedings. (5) List the matter (so far as it involves the first, second, sixth and seventh defendants) before the Common Law Registrar on 13 April 2023. (6) Direct that the plaintiff file an affidavit of service or, if the statement of claim has not been served on the first, second, sixth and seventh defendants, an affidavit to that effect by 11 April 2023, 5 PM. Proceedings 2022/296130: (1) Order, pursuant to rule 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW), that the proceedings against the first, second and third defendants be dismissed. (2) Order that the plaintiff pay the first, second and third defendants' costs of, and incidental to, the notice of motion dated 5 December 2022. (3) Order that the plaintiff pay the first, second and third defendants' costs of the proceedings. (4) List the matter (so far as it involves the fourth, fifth and sixth defendants) before the Common Law Registrar on 13 April 2023. (5) Direct that the plaintiff file an affidavit of service or, if the statement of claim has not been served on the fourth, fifth and sixth defendants, an affidavit to that effect by 11 April 2023, 5 PM. Catchwords: CIVIL PROCEDURE – summary disposal – dismissal of proceedings – frivolous or vexatious proceedings – whether proceedings constituted collateral attack on prior judicial decision Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Dey v Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 Donnellan v Watson (1990) 21 NSWLR 335 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Gunns Ltd v Meagher [2005] VSC 251 Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty Ltd (2008) 72 NSWLR 160; [2008] NSWSC 185 Martin v Malouf [2021] NSWSC 415 Martin v Malouf [2023] NSWSC 71 Massalski v The Owners SP 90255 [2023] NSWSC 23 Nominal Defendant v Manning (2000) 50 NSWLR 139; [2000] NSWCA 80 Owners Strata Plan No 57164 v Yau (2017) 96 NSWLR 587; [2017] NSWCA 341 Poulos v Australia and New Zealand Banking Group Ltd (No 2) [2021] NSWSC 1620 Simmons v NSW Trustee and Guardian [2014] NSWCA 405 Three Rivers District Council v Bank of England [No 3] [2003] 2 AC 1; [2001] UKHL 16 Twigg v Pitcher Partners Holdings Pty Ltd (No 4) [2023] NSWSC 109 UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45 Ugur v Attorney-General for NSW [2019] NSWCA 86 Van Gorp v Davy [2023] NSWCA 43 Category: Procedural rulings Parties: Proceedings 2022/295916 Lynette Martin (plaintiff) (self-represented) Julia Ross (first defendant) Karen Wilson (second defendant) Neil Antony Mitchell-Clark (third defendant) Fergus McDonald (fourth defendant) Frank Burke (fifth defendant) Ian Pratt (sixth defendant) John Solomons (seventh defendant)