Gargan v Commonwealth of Australia and anor [2005] NSWSC 1178

New South Wales Supreme Court

CITATION : Gargan v Commonwealth of Australia and anor [2005] NSWSC 1178

HEARING DATE(S) : 3 November 2005

JUDGMENT DATE : 3 November 2005

JUDGMENT OF : Brereton J

Judiciary Act 1903 (Cth), s 78B LEGISLATION CITED : Bills of Exchange Act 1909 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Qld)

Peter Alexander Gargan (plaintiff) PARTIES : Commonwealth of Australia (first defendant) Telstra Corporation Limited (second defendant)

FILE NUMBER(S) : SC 3997/05

In person (plaintiff) COUNSEL : Mr R Turkovic (solicitor) (first defendant) Mr N Perram (second defendant)

Australian Government Solicitor (first defendant) SOLICITORS : Henry Davis York (second defendant)

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

THURSDAY 3 NOVEMBER 2005

3997/05 PETER ALEXANDER GARGAN v COMMONWEALTH OF AUSTRALIA AND ANOR JUDGMENT – (ex tempore revised 18 November 2005) 1 HIS HONOUR: By statement of claim filed in this court on 18 July 2005, the plaintiff Peter Alexander Gargan sues the Commonwealth of Australia as first defendant and Telstra Corporation Limited as second defendant for the following relief: 1. An order that judgment be entered for the sum specified in the Bill of Exchange against the Treasurer of the Commonwealth of Australia that the Sovereign of Australia be honoured.

2. That the filing cost of this claim be postponed until after the matter is heard.

3. That all proceedings by the second defendant against the Kenneth Clyde Ivory and the Solar-Mesh® entities be stayed permanently.