NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Martin v Ross [2023] NSWSC 1353 Hearing dates: 15 September 2023 Date of orders: 10 November 2023 Decision date: 10 November 2023 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) These proceedings be dismissed as against the first defendant. (2) The plaintiff is to pay the first defendant's costs of the proceedings against it including the costs of the notice motion filed on 7 June 2023. Catchwords: Collateral attack – Frivolous and vexatious proceedings – Strike out pleadings – Abuse of process – No reasonable cause of action. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 13.4 and 14.28. Workers Compensation Act 1987 (NSW) ss 155 and 159. Cases Cited: Colombini v De Berigny [2021] NSWSC 374 Hollington v Hewthorn [1943] KB 587 Hunter v Chief Constable of the West Midlands Police (1982) HL [1982] AC 529 Martin v Ross & Ors; Martin v Vardanega & Ors [2023] NSWSC 303 Reichel v Magrath (1889) HL (1889) 14 App Cas 665 Saif Ali v Sydney Mitchell & Co [1980] A.C. 198 Somasundaram v M Julius Melchior & Co [1988] 1 WLR 1394 Three Rivers District Council v Bank of England [No 3] [2003] 2 AC 1; [2001] UKHL 16 Ugur v Attorney-General for NSW [2019] NSWCA 86 Category: Procedural rulings Parties: Lynette Martin (Plaintiff) Julia Ross (First Defendant) Karen Wilson (Second Defendant) Representation: Counsel:
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