Williamson v Debney [2023] NSWSC 783

Supreme Court New South Wales

Medium Neutral Citation: Williamson v Debney [2023] NSWSC 783 Hearing dates: 30 May 2023 Date of orders: 7 July 2023 Decision date: 07 July 2023 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The plaintiff's proceedings are dismissed pursuant to UCPR r 13.4 (2) The plaintiff is to pay the first, third and fourth defendants' costs of the proceedings including both notices of motion Catchwords: CIVIL PROCEDURE - bankruptcy – alleged fraud – insolvent companies – lack of standing. Legislation Cited: Bankruptcy Act 1966 (Cth) s 5 Limitation Act 1969 (NSW) s 52 Uniform Civil Procedure Rules 2005 (NSW) rr 13.4 and 14.28 Cases Cited: Samootin v Shea [2010] NSWCA 371 Williamson v Elders Rural Services Australia Limited & Ors [2021] NSWSC 1259 Category: Procedural rulings Parties: Hugh Francis Arthur Williamson (Plaintiff) Stuart Russel Debney (First Defendant) Robert Macaulay (Third Defendant) Christine Byrne (Fourth Defendant) Representation: Counsel: Self-represented (Plaintiff) K. Holcombe (First, Third and Fourth Defendants).

Solicitors: Self-represented (Plaintiff). Moray & Agnew (First, third and fourth defendants). File Number(s): 2022/00264667-1

Judgment 1. There are two notices of motion before the Court. By notice of motion dated 29 September 2022, the first, third and fourth defendants ('the defendants') seek that the plaintiff's statement of claim filed 1 September 2022 be summarily dismissed as incompetent and/or pursuant to rule 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) ('UCPR'). In the alternative, the defendants' seek that the whole of the statement of claim be struck out, pursuant to rule 14.28 of the UCPR. 2. By notice of motion filed 27 September 2022, the plaintiff seeks that: judgment against the first defendant for damages to be assessed; judgment against the second defendant for damages to be assessed; judgment against the third defendant for damages to be assessed; and judgment against the first defendant for damages to be assessed. 3. The plaintiff is Hugh Francis Arthur Williamson. The first defendant is Russell Stuart Debney. The second defendant is Julian Malnic. The third defendant is Robert Macaulay and the fourth defendant is Christine Byrne. 4. At the hearing, the plaintiff was self-represented. K. Holcombe of counsel, appeared for the defendants. The second defendant plays no role in this notice of motion and did not appear at the hearing. The defendants relied on a folder named Judges Working Documents ('Ex 1'), dated 27 September 2022 and 12 October 2022. 5. The plaintiff relied upon his affidavit dated 11 May 2023. The defendants' relied on three affidavits, those of Baron David Alder sworn 28 September 2022 and 27 April 2023 and an affidavit of Andrew John Crockett sworn 29 May 2023. The plaintiff relied upon his affidavit sworn 11 May 2023. The plaintiff opposes the orders sought in the motion. I shall first deal first with the defendants notice of motion: as they are successful in the orders sought by them, the plaintiff's notice of motion is otiose.