John Calderwood McLEAN v Andrew POWER & Anor [2013] NSWSC 193

Supreme Court New South Wales

Medium Neutral Citation: John Calderwood McLEAN v Andrew POWER & Anor [2013] NSWSC 193 Hearing dates: 21 June 2012 Decision date: 15 March 2013 Jurisdiction: Common Law Before: Hidden J Decision: Proceedings dismissed Catchwords: SUMMARY DISMISSAL - proceedings against solicitors arising from conduct of personal injury claim in the District Court - abuse of process - collateral attack on District Court judgment - claims against solicitors manifestly groundless Cases Cited: - McLean v Star City Pty Ltd [2008] NSWDC 143 - McLean v Star City Pty Ltd [2011] HCASL 45 - Wentworth v Rogers (No. 5) (1986) 6 NSWLR 534 - Cleary v Jeans [2006] NSWCA 9, 65 NSWLR 355 - D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1 - General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 - Cox v Journeaux [No. 2] (1935) 52 CLR 713 Category: Principal judgment Parties: John Calderwood McLean (plaintiff) Andrew Power (1st defendant) The Partners of Wotton & Kearney (2nd defendant) Representation: Counsel: In person (plaintiff) J McLeod (1st defendant) RPV Carey (2nd defendant) Solicitors: Michael Harris, Harris & Harris Solicitors (1st defendant) David Kearney, Wotton & Kearney (2nd defendant) File Number(s): 2012/37957

Judgment 1The plaintiff, John Calderwood McLean, has instituted proceedings in this court arising from an incident on 16 June 2003 when he fell on an escalator at the Star City Casino (as it was then known). He has done so without legal representation. The Casino is now known simply as "The Star" and is administered by The Star Pty Limited. The first defendant, Andrew Power, is employed by that company as its General Counsel. The second defendant is named as a firm of solicitors, Wotton & Kearney. Before me are motions by both defendants seeking the summary dismissal of the proceedings. To understand the proceedings it is necessary to sketch the background to them.