Datta v AAI Limited trading as GIO & Ors [2025] NSWSC 112

Supreme Court New South Wales

Medium Neutral Citation: Datta v AAI Limited trading as GIO & Ors [2025] NSWSC 112 Hearing dates: 21 May 2024 Date of orders: 26 February 2025 Decision date: 26 February 2025 Jurisdiction: Common Law Before: Rothman J Decision: (1) Proceedings dismissed. (2) The plaintiffs shall pay the defendants' costs of and incidental to the proceedings, including the costs of the motions. (3) Any party seeking a special or different order for costs may do so within 14 days of the date of this judgment. (4) Such application shall be made in writing by a submission of not more than 5 pages, not including a document upon which reliance is placed. (5) Any party disadvantaged by such an application may respond to the application in a further 14 days by a submission of not more than 5 pages, not including any document upon which the party may rely by way of evidence. Catchwords: CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Abuse of process — No reasonable cause of action disclosed Legislation Cited: Competition and Consumer Act 2010 (Cth), ss 236, 237 Fair Trading Act 1987 (NSW), s 28 Supreme Court Act 1970 (NSW), s 75 Workers Compensation Act 1987 (NSW), s 60 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 2A, 105 Uniform Civil Procedure Rules 2005, r 13.4 Cases Cited: D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1; [2005] HCA 12 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Giannarelli v Wraith (1988) 165 CLR 543; [1988] HCA 52 Spencer v The Commonwealth (2010) 241 CLR 118; [2010] HCA 28 Category: Principal judgment Parties: Mrinal Datta (First Plaintiff) (self-represented) Raj Ama Tembur (Second Plaintiff) (self-represented) AAI Limited trading as GIO (First Defendant) Matthew Garling (Second Defendant) Nicole Compton (Third Defendant) Joshua Dale (Fourth Defendant) Paul Stockley (Fifth Defendant) Representation: Counsel: L D Robison (First Defendant) N Simone (Second Defendant) S Maybury (Third Defendant) K Holcombe (Fourth Defendant) Q M Noakhtar (Fifth Defendant)