Wilson v New South Wales Sheriff [2006] NSWSC 991

New South Wales Supreme Court

CITATION : Wilson v New South Wales Sheriff [2006] NSWSC 991

HEARING DATE(S) : 19 September 2006 JURISDICTION : Common Law

JUDGMENT OF : Michael Grove J at 1

EX TEMPORE JUDGMENT DATE : 09/19/2006

DECISION : Proceedings dismissed generally

CATCHWORDS : SUMMARY JUDGMENT - CLAIM AGAINST SHERIFF ARISING OUT OF EXECUTION PROCEEDINGS - NO EVIDENCE OF UNLAWFUL CONDUCT OF SHERIFF - PLEADING DISCLOSED NO CAUSE OF ACTION - CLAIM DOOMED TO INEVITABLE FAILURE - UCPR Pt13 r 13.4 APPLIED

PARTIES : John Wilson v New South Wales Sheriff

FILE NUMBER(S) : SC 20310/06

COUNSEL : In person (Plaintiff) R.H. Weinstein (Defendant)

SOLICITORS : I.V. Knight (Crown Solicitor)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MICHAEL GROVE J

Tuesday 19 September 2006

20310/06 – JOHN WILSON v NEW SOUTH WALES SHERIFF

JUDGMENT

1 HIS HONOUR: There is before the court a Notice of Motion on behalf of the defendant who is titled in proceedings commenced by the plaintiff, Mr Wilson, as the Sheriff of New South Wales. The matter has a long history which is detailed in the affidavit of Elizabeth Mee sworn 31 August 2006 and the various documents annexed thereto. Significant amongst those documents are transcripts of proceedings in the Local Court and a copy of a judgment delivered by Adams J on 17 March 2004. It is in my view unnecessary for me for present purposes to do more than briefly recapitulate what the claim brought by the plaintiff is all about. 2 As I have said, the nominated defendant is the Sheriff of New South Wales. The complaint is and the relief sought relates to a demand in execution of a judgment for which the Sheriff has made for a sum of just under $6,000, together with some incremental amounts. As can be seen from the documentation, at the heart of Mr Wilson's complaints is his belief that no court may enter a valid judgment other than as a result of a trial by jury. Amongst other things, the Statement of Claim seeks damages against the State of New South Wales stated to be in the sum of $5 million. 3 At the outset of the hearing today Mr Wilson has submitted that I hold no valid authority to hear or determine any matter relating to him or specifically to deal with the motion that is presently before the court. It scarcely needs repetition to say that that submission is rejected.