NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Westwood v Gulliver & Ors [2024] NSWSC 1323 Hearing dates: 23 July 2024 Date of orders: 22 October 2024 Decision date: 22 October 2024 Jurisdiction: Common Law Before: Faulkner J Decision: (1) The bundle of 68 emails sent by the plaintiff to the Chambers of Faulkner J between 24 July and 9 October 2024 be adduced into evidence on the defendants' summary dismissal applications and marked Exhibit 2. (2) The bundle of 336 pages of unpaginated documents provided by the plaintiff to the Chambers of Faulkner J on 26 July 2024 be adduced into evidence on the defendants' summary dismissal applications and marked Exhibit 3. (3) Pursuant to UCPR 13.4, the proceedings be dismissed. (4) The plaintiff pay each defendant's costs of the proceedings. Catchwords: PRACTICE AND PROCEDURE – Summary dismissal – self-represented litigant – no reasonable cause of action. Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 64, 98 Independent Commission Against Corruption Act 1988 (NSW) ss 12, 12A, 13, 20 Legal Profession Act 1987 (NSW) ss 59D, 135, 155 Legal Profession Act 2004 (NSW) s 505, 171D Limitation Act 1969 (NSW) Uniform Civil Procedure Rules (NSW) rr 13.4, 14.28 Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Agius v State of New South Wales [2001] NSWCA 371 Alamdo Holdings Pty Ltd v Australian Window Furnishings (NSW) Pty Ltd [2006] NSWSC 1073 Bass v Permanent Trustee Co Limited [1999] HCA 9; 198 CLR 334 Dickens v State of New South Wales (No.3) [2018] NSWSC 485 General Steels Industries v Commissioner of Railways NSW (1964) 112 CLR 125; [1964] HCA 69 Mills v Central Sydney Area Health Service [2002] NSWSC 728 McGuirk v University of New South Wales [2009] NSWSC 1424 O'Brien v Bank of Western Australia Limited [2013] NSWCA 71 Qasim v PF 473 Pty Ltd [2024] NSWCA 248 Shaw v New South Wales [2012] NSWSC 102 Waterhouse v ICAC [2016] NSWCA 133 Waters v Commonwealth [2012] NSWSC 790 Wentworth v Rogers (No.5) (1986) 6 NSWLR 534 Category: Principal judgment Parties: Nicholas Westwood (Plaintiff) Samantha Gulliver, Legal Services Commissioner (First Defendant) Bernie Gross (Second Defendant) NSW Bar Association (Third Defendant) The Independent Commission Against Corruption (Fourth Defendant) GH Healey & Co. (Fifth Defendant) Representation: Counsel: R Withana (First Defendant) T Bateman (Second Defendant) P A Maddigan (Third Defendant) K Bones (Fourth Defendant)
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