Gillies v District Court of New South Wales [2014] NSWCA 357

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gillies v District Court of New South Wales [2014] NSWCA 357 Hearing dates: 26 September 2014 Decision date: 26 September 2014 Before: Meagher JA, Barrett JA, Tobias AJA Decision: 1. The summons filed by the applicant on 18 December 2013, as amended, be dismissed. 2. The applicant pay the second, third and fourth respondents' costs of the summons and of the notice of motion filed on 31 March 2014. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE AND PROCEDURE - application for summary dismissal and/or strike out of applicant's summons - summons failed to disclose any reasonable cause of action - summons was manifestly groundless Legislation Cited: Criminal Appeal Act 1912 (NSW) s 5 Criminal Procedure Act 1986 (NSW) s 166 District Court Act 1973 (NSW) s 127 Evidence Act 1995 (NSW) ss 137, 191 Government Information (Public Access) Act 2009 (NSW) ss 80, 82, 83, 101, Sch 2 Supreme Court Act 1970 (NSW) ss 69, 101 Uniform Civil Procedure Rules 2005 rr 12.7, 13.4, 14.28, 36.16, 42.20, 59.4 Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Gillies v Director of Public Prosecutions (NSW) [2008] NSWCCA 339 Kyriakou v Long [2014] NSWCA 308 Roskott v Commonwealth Bank of Australia [2014] NSWCA 341 Category: Principal judgment Parties: Darrin Michael Gillies (Applicant) District Court of New South Wales (First Respondent) Director of Public Prosecutions (NSW) (Second Respondent) Judicial Commission of New South Wales (Third Respondent) Attorney General (NSW) (Fourth Respondent) Representation: Counsel: In Person (Applicant) N Adams SC / B Baker (2nd, 3rd, 4th Respondents) Solicitors: Crown Solicitor's Office (2nd, 3rd, 4th Respondents) File Number(s): 2013/379961