O'Meara v McTackett & 7 Ors [2000] NSWSC 933

New South Wales Supreme Court

CITATION : O'Meara v McTackett & 7 Ors [2000] NSWSC 933 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 12390/99 HEARING DATE(S) : 8 September 2000 JUDGMENT DATE : 5 October 2000

Kenneth Ian O'Meara (Plaintiff) PARTIES : Director of Public Prosecutions (NSW) (Sixth Defendant) JUDGMENT OF : Master Harrison

COUNSEL : Mr P Singleton (Sixth Defendant) Ms Helen Langley (Sixth Defendant) SOLICITORS : Mr K I O'Meara (Plaintiff in person) CATCHWORDS : Strike out - abuse of process LEGISLATION CITED : Supreme Court Rules - Part 13 r 5 & Part 15 r 26 Australia Act - s 7 Air Services Australia v Zarb (NSWSC unreported, 26 August 1998) CASES CITED : Dey v Victorian Railway Commissioners (1948-49) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 Webster & Anor v Lampard (1993) 177 CLR 598 DECISION : See para 30

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THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MASTER HARRISON

THURSDAY, 5 OCTOBER 2000

12390/99 - KENNETH IAN O'MEARA v STEVEN GRAHAM McTACKETT & 7 ORS

JUDGMENT (Strike out - abuse of process)

1 MASTER: By notice of motion filed 29 June 2000 the Director of Public Prosecutions (NSW) the sixth defendant seeks that the plaintiff's summons filed 30 September 1999 be struck out as against it as an abuse of process; or alternatively that the summons be struck out as against the sixth defendant on the basis that fragmentation of the criminal process against the plaintiff in the District Court of New South Wales is inappropriate. The sixth defendant relied on the affidavits of Helen Christine Langley sworn 29 October 1999, 23 June 2000 and 4 September 2000. The plaintiff relied on his affidavits sworn 29 September 1999 and 26 October 1999. 2 Although the sixth defendant is named in the summons as "Nicholas M Cowdery QC" in his capacity as the Director for Public Prosecutions, it was common ground that the sixth defendant should be the Director of Public Prosecutions (NSW). Accordingly, the name of the sixth defendant is changed. The name "Nicholas M Cowdery QC" is deleted and the Director of Public Prosecutions (NSW) is inserted as the sixth defendant.