Wang v State of New South Wales [2023] NSWSC 1478

Supreme Court New South Wales

Medium Neutral Citation: Wang v State of New South Wales [2023] NSWSC 1478 Hearing dates: 28 November 2024 Date of orders: 5 December 2023 Decision date: 05 December 2023 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) The proceedings are dismissed. (2) Unless the parties approach to be heard within 7 days, in which event they should file and serve short written submissions about the order that they seek, Ms Wang is to bear the State's costs of the proceedings, as agreed or assessed. Catchwords: CIVIL PROCEDURE — Notice of motion — dismissal of proceedings sought — whether plaintiff's claims are frivolous and vexatious — abuse of process — Uniform Civil Procedure Rules 2005 (NSW), r 13.4(1) — further proceedings to advance arguments already rejected by the Court of Appeal — failure to plead material facts — the just, quick and cheap resolution of the real issues in proceedings — Civil Procedure Act 2005 (NSW), s 56 — proceedings dismissed. Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4(1), 42.1 Vexatious Proceedings Act 2008 (NSW) Cases Cited: Agius v The State of New South Wales [2001] NSWCA 371 General Steel Industries Inc V Commissioner for Railways (NSW) (1964) 112 CLR 125 Li Wang v State of NSW [2022] NSWSC 544 McGuirk v The University of New South Wales [2009] NSWSC 1424 Wang & Anor v State of New South Wales [2010] HCASL 273 Wang & Anor v State of New South Wales [2012] HCASL10 Wang & Anor v State of New South Wales [2015] HCASL 45 Wang v State of New South Wales & Anor [2020] HCASL 266. Wang v State of New South Wales & Ors [2022] NSWSC 1700. Wang v State of New South Wales [2009] NSWCA 340 Wang v State of New South Wales [2010] NSWCA 209 Wang v State of New South Wales [2011] NSWCA 321 Wang v State of New South Wales [2011] NSWSC 609. Wang v State of New South Wales [2011] NSWSC 882 Wang v State of New South Wales [2013] NSWSC 386 Wang v State of New South Wales [2014] NSWCA 373 Wang v State of New South Wales [2014] NSWSC 909 Wang v State of New South Wales [2019] NSWSC 1332. Wang v State of New South Wales [2019] NSWSC 1599 Wang v State of New South Wales [2020] NSWCA 21 Wang v State of New South Wales [2023] NSWCA 124 Wang v State of New South Wales (No 2) [2020] 64 Wang v State of New South Wales (No 3) [2020] 148 Wang v State of New South Wales (No 4) [2020] 171 Category: Principal judgment Parties: Li Wang (Plaintiff) State of New South Wales (First Defendant) Commonwealth of Australia (Second Defendant) Representation: Counsel: N Bentley (Defendant) Solicitors: Li Wang (self-represented) Crown Solicitors (First Defendant) Attorney General Solicitors (Second Defendant) File Number(s): 2023/199785 Publication restriction: Nil.