GARGAN v. WOODGATE; GARGAN v. COMMONWEALTH BANK OF AUSTRALIA & ANOR [2004] NSWSC 177

New South Wales Supreme Court

CITATION : GARGAN v. WOODGATE; GARGAN v. COMMONWEALTH BANK OF AUSTRALIA & ANOR [2004] NSWSC 177 HEARING DATE(S) : Friday 20 February 2004 JUDGMENT DATE : 19 March 2004 JURISDICTION: Civil JUDGMENT OF : Greg James J at 1 DECISION : I declare the proceedings to be an abuse and in each case, under Part 13 Rule 5, the proceedings are dismissed generally. The plaintiff is to pay the defendants' costs on an indemnity basis.

CATCHWORDS : Parties to litigation, criminal proceedings, proceedings to recover penalties, authority of party seeking to commence prosecutions - party claiming to proceed to recover penalties as a common informer - availability of the process of the Supreme Court for those purposes, unavailability of offences of obtaining benefit by false representation and perverting the course of justice to support a private right of action. Supreme Court Rules Criminal Procedure Act 1986 Judiciary Act 1903 (Cth) LEGISLATION CITED : Crimes Act 1914 (Cth) Criminal Code Act 1995 Supreme Court Act 1970 Fines & Forfeitures to the Crown Act (1670-71) Customs Act 1901 (Cth) CASES CITED : Hawkesbury City Council v. Foster & Anor (Court of Appeal, unreported 18 December 1997) PARTIES : GARGAN, Peter Alexander v. WOODGATE, Giles Geoffrey GARGAN, Peter Alexander v. COMMONWEALTH BANK OF AUSTRALIA & ANOR FILE NUMBER(S) : SC No. 12499/2003; No. 10001/2004;; No. 13149 of 2003 Plaintiff: In person COUNSEL : Woodgate: B. Skinner CBA: J. Lanser (Sol) Bartrop: R.G. Forster, SC. Plaintiff: In person SOLICITORS : Woodgate: Sally Nash & Co. CBA: J.K. O'Sullivan Bartrop: Abbott Tout