Golden v Howard & Anor [2024] NSWSC 1229

Supreme Court New South Wales

Medium Neutral Citation: Golden v Howard & Anor [2024] NSWSC 1229 Hearing dates: 27 February 2024 Date of orders: 1 October 2024 Decision date: 01 October 2024 Jurisdiction: Common Law Before: Rothman J Decision: (1) The whole of proceedings in the matter of Joseph Golden and John Howard and Tony Burke, namely proceedings number 2023/76838 be dismissed, pursuant to the Uniform Civil Procedure Rules 2005 (NSW), r 13.4(1). (2) Pursuant to s 8 of the Vexatious Proceedings Act 2008 (NSW), without leave of the Court, the plaintiff, Joseph Golden, is prohibited from instituting proceedings in New South Wales, which arise from allegations concerning a scheme known as the "Commercial Horse Assistance Payment Scheme" or "CHAPS", or arising from the same or similar facts as those alleged in these proceedings or in any of the following Supreme Court of NSW proceedings, namely proceedings number 2022/189359; proceedings number 2020/322134; proceedings number 2018/233167; and proceedings number 2018/263736. (3) The plaintiff shall pay the defendants' costs of the motion and of the proceedings. (4) Within seven days of the delivery of this Judgment, the defendants shall provide the Court with an estimate of the costs expended in and incidental to the proceedings for the purpose of the Court fixing a gross sum, including the amount claimed by way of gross sum. (5) Within a further seven days, the plaintiff shall respond, in a submission of not more than 10 pages, to the aforesaid claim. The gross sum shall be determined on the papers. Catchwords: Civil Procedure –– Dismissal of proceedings – Frivolous or vexatious proceedings – Costs Legislation Cited: Civil Procedure Act 2005 (NSW) Thoroughbred Racing Act 1996 (NSW) Uniform Civil Procedure Rules Vexatious Proceedings Act 2008 (NSW) Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112; [1964] HCA 69 Golden v V'landys [2015] NSWSC 17 Potier v Attorney General in and for the State of NSW (2015) 89 NSWLR 284; [2015] NSWCA 129 Spencer v The Commonwealth (2010) 241 CLR 118; [2010] HCA 28 UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45 Category: Procedural rulings Parties: Joseph Paul Golden (Plaintiff) John Howard (First Defendant) Tony Burke (Second Defendant) Representation: Counsel: V Thomas (Defendants)