Golden v Anderson & Ors (No 2) [2023] NSWSC 339

Supreme Court New South Wales

Medium Neutral Citation: Golden v Anderson & Ors (No 2) [2023] NSWSC 339 Hearing dates: 3 April 2023 Date of orders: 3 April 2023 Decision date: 03 April 2023 Jurisdiction: Common Law Before: Cavanagh J Decision: First and second defendants: 1 the plaintiff is to pay the first and second defendants' costs of the proceedings; 2 pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), the plaintiff is to pay the first and second defendants' costs of the proceedings fixed in the sum of $15,000; and 3 the plaintiff is restrained from commencing in any Court or Tribunal any proceedings against either of the first or second defendants (other than by a claim in the nature of a defence, cross-claim, or cross-summons) which arise from the same or similar facts as those alleged in these proceedings, without the leave of a Judge of the Supreme Court of New South Wales, unless and until the plaintiff has paid the costs ordered in Order 2 above. Fourth to sixth defendants: 4 the plaintiff is to pay the fourth, fifth and sixth defendants' costs of the proceedings; 5 pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), the plaintiff is to pay the fourth, fifth and sixth defendants' costs of the proceedings fixed in the sum of $25,000; and 6 the plaintiff is restrained from commencing in any Court or Tribunal any proceedings against any of the fourth, fifth or sixth defendants (other than by a claim in the nature of a defence, cross-claim, or cross-summons) which arise from the same or similar facts as those alleged in these proceedings, without the leave of a Judge of the Supreme Court of New South Wales, unless and until the plaintiff has paid the costs ordered in Order 5 above. Catchwords: COSTS — Party/Party — Self represented litigant – application by defendants for gross sum costs orders – whether gross sum costs orders should be made CIVIL PROCEDURE — Application to restrain plaintiff from commencing further proceedings without paying the costs of these proceedings — where plaintiff has indicated he will commence further proceedings on same or similar facts — whether a restraining order against plaintiff should be made Legislation Cited: Civil Procedure Act 2005 (NSW), ss 67, 98(4)(c) Uniform Civil Procedure Rules 2005 (NSW), r 12.10 Cases Cited: Golden v Anderson & Ors [2023] NSWSC 97 Harrison v Schipp (2002) 54 NSWLR 738 K Sheridan v Colin Biggers & Paisley [2019] NSWSC 621 Webster v Super Smart Strategies Pty Ltd [2017] NSWSC 531 Category: Procedural rulings Parties: Joseph Paul Golden (Plaintiff) Kevin John Anderson (First Defendant) Dominic Perrottet (Second Defendant) Murray Watt (Fourth Defendant) David Littleproud (Fifth Defendant) Barnaby Joyce (Sixth Defendant) Representation: Counsel: S Chordia (First and Second Defendants) S Nixon SC with V Thomas (Fourth, Fifth and Sixth Defendants)