NEW SOUTH WALES BAR ASSOCIATION v PATERSON [1996] NSWCA 390

NEW SOUTH WALES BAR ASSOCIATION v PATERSON

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY P and MEAGHER JA 22 July 1996

[1996] NSWCA 390

Mahoney P. The Court proposes to order the dismissal of the proceeding. In the circumstances I will indicate briefly why the Court proposes to do this.

Mr Paterson has brought proceedings against a number of people, including the New South Wales Bar Association. The details of the proceedings are set forth in the judgment of Hunt CJ at CL of 22 December 1995.

Application was made by both sides in relation to the statement of claim and the course of events is set forth in the judge's judgment of that day. In the end his Honour, at the end of a 47 page judgment, made a number of orders. The relevant one is order 6. His Honour, having struck out the plaintiff's statement of claim as it was then filed, granted leave to Mr Paterson to file an amended statement of claim, pleading a claim in negligence but subject to the restrictions that were there set forth.

An appeal was brought against his Honour's order or more accurately an application for leave to appeal was brought by the New South Wales Bar Association. It was intended to contend that his Honour's order was incorrect.

When the matter came on before this Court, the Court originally inquired whether an amended statement of claim had been filed. It appeared that an extension of time for filing it had been given and that no amended statement of claim had been filed pursuant to that amended leave.

In the circumstances, it appeared no useful purpose would be served by considering the leave application if no statement of claim had been filed and an application was made on behalf of the Bar Association to strike out the proceeding as a whole. A notice of motion and an affidavit in that regard was put before the Court.