McGuirk v University of New South Wales [2010] NSWCA 104

New South Wales Court of Appeal

CITATION: McGuirk v University of New South Wales [2010] NSWCA 104

HEARING DATE(S): 11-12 March 2010

JUDGMENT DATE: 19 May 2010

JUDGMENT OF: Giles JA at 1; Young JA at 40; Sackville AJA at 56

DECISION: (1) Leave to appeal granted. (2) Appeal allowed. (3) Set aside orders 3 and 4 made by Simpson J on 8 April 2009. In lieu of those orders, make the following orders: "3. Defendant's notice of motion filed on 6 March 2009 (as amended) ('Motion') be otherwise dismissed. 4. Each party bear its or his costs of the Motion." (4) Each party bear its or his costs of the appeal (including the summons for leave to appeal).

CATCHWORDS: PRACTICE AND PROCEDURE — applicant sent a large number of offensive written communications to officers and legal representatives of the respondent — primary Judge made orders restraining the applicant from sending further written communications — source of power to make such orders — whether orders supported by s 61 of the Civil Procedure Act 2005 — whether orders supported by r 2.1 of the Uniform Civil Procedure Rules 2005 — whether too late for respondent to rely on r 2.1 when issue not raised at trial — whether orders supported by the inherent jurisdiction of the Court.

Civil Procedure Act 2005 Commercial Causes Act 1903 Commercial Causes Rules 1965 Courts Legislation (Procedure) Amendment Act 1989 Freedom of Information Act 1989 LEGISLATION CITED: Protected Disclosures Act 1994 Supreme Court (Commercial Division) Amendment Act 1985 Supreme Court Act 1970 Supreme Court Rules 1970 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005