Woolf v Brandt [2023] NSWCA 290

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Woolf v Brandt [2023] NSWCA 290 Hearing dates: 30 November 2023 Date of orders: 30 November 2023 Decision date: 05 December 2023 Before: Kirk JA; Adamson JA Decision: 1. Leave to appeal refused. 2. Order the applicant to pay the respondent's costs. 3. The respondent to file and serve submissions and evidence in relation to his application that his costs of the proceedings be fixed in a gross sum pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW) by 4 December 2023. 4. The applicant to file and serve any submissions and evidence in response by 12 December 2023. 5. The respondent to file and serve any submissions and evidence in reply by 14 December 2023. Catchwords: LEAVE TO APPEAL — PRACTICE AND PROCEDURE — summary dismissal — abuse of process — defamation proceedings — applicant's predominant purpose an ulterior purpose to maintain contact with respondent — whether finding of ulterior purpose erroneous — whether ulterior purpose sufficient to make proceedings abuse of process where also pursuing legitimate remedy — ulterior purpose need not be sole purpose LEAVE TO APPEAL — PRACTICE AND PROCEDURE — alleged denial of procedural fairness — where applicant read extensive affidavit near the end of hearing — where applicant sent submissions to primary judge without leave after judgment reserved LEAVE TO APPEAL — PRACTICE AND PROCEDURE — summary dismissal — Anshun estoppel — whether subsequent interlocutory application for dismissal can be brought in same proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58, 60 Defamation Act 2005 (NSW), ss 12A, 27 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation [1983] 1 NSWLR 1 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Browne v Dunn (1894) 6 R 67 Dowling v Colonial Mutual Life Assurance Society Ltd (1915) 20 CLR 509; [1915] HCA 56 Hanna v Maks [2003] NSWSC 158 Packer v Meagher [1984] 3 NSWLR 486 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 Varawa v Howard Smith Company Ltd (1911) 13 CLR 35; [1911] HCA 46 Victoria International Container Terminal Ltd v Lunt (2021) 271 CLR 132; [2021] HCA 11 Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34 Category: Principal judgment Parties: Richard Woolf (Applicant) Nicholas Brandt (Respondent) Representation: Counsel: Self-represented (Applicant) T Smartt (Respondent)