Page v McKensey and ors [2002] NSWSC 570

New South Wales Supreme Court

CITATION : Page v McKensey and ors [2002] NSWSC 570 FILE NUMBER(S) : SC 1595/96 HEARING DATE(S) : 14 March, 16 April 2002 JUDGMENT DATE : 25 June 2002

Geoffrey Francis Page (Plaintiff) Hugh Stanley McKensey (First Defendant) PARTIES : Victor John Lewis (Second Defendant) Philip Anthony Nelson (Third Defendant) Peter Charles Hicks (Fourth Defendant) JUDGMENT OF : Master McLaughlin

Plaintiff appeared in person COUNSEL : D.P. Studdy (for First, Second and Fourth Defendants) Third Defendant appeared in person SOLICITORS : Bowen-Thomas & Barlow (First and Second Defendants) Hansens Solicitors (Fourth Defendant) CATCHWORDS : Practice - Pleading - Application by Plaintiff to file further amended statement of claim - Application by Defendants for dismissal of proceedings - Identical issues already determined in other proceedings (in which Plaintiff was not a party) - Anshun estoppel - Statutory claim raises identical issues - That claim is statute barred - Whether proposed pelading is embarrassing. LEGISLATION CITED : Fair Trading Act 1987 Haines v Australian Broadcasting Corporation (1995) 43 NSWLR 404 Hunter v Chief Constable of the West Midlands Police (1982) AC 529 CASES CITED : Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 R v Balfour; ex parte Parkes Rural Distributors Pty Limited (1987) 7 FCR 26; 76 ALR 256 Sea Culture International Pty Limited v Scoles (1991) 32 FCR 275 Reichel v Magrath (1889) 14 App Cas 665 DECISION : 1. I refuse leave to the Plaintiff to file a further amended statement of claim; 2. I order that the amended statement of claim be struck out; 3. I order that the proceedings be dismissed.; 4. I order that the Plaintiff pay the costs of the First, Second and Fourth Defendants of the notice of motion filed by the Plaintiff on 31 December 2001 and of the proceedings, and that there be no order in respect to costs of the Third and Fifth Defendants.