Derrick v St George Bank (No. 2) [2015] NSWSC 1163

Supreme Court New South Wales

Medium Neutral Citation: Derrick v St George Bank (No. 2) [2015] NSWSC 1163 Hearing dates: 17 August 2015 Date of orders: 17 August 2015 Decision date: 17 August 2015 Jurisdiction: Common Law Before: Wilson J (as Duty Judge) Decision: 1. The plaintiff's summons filed on 2 June 2015 is dismissed pursuant to r 13.4(1)(b) of the Uniform Civil Procedure Rules 2005. 2. The plaintiff's Notice of Motion of 25 June 2015 is dismissed. 3. The plaintiff is to pay the defendant's costs of these proceedings, on an ordinary basis. Catchwords: PRACTICE AND PROCEDURE – civil – summons - plaintiff seeking account information from bank – preliminary discovery – whether the proceedings are frivolous and vexatious – absence of evidence - plaintiff's refusal to file a statement of claim and supportive documentary evidence Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Airservices Australia v Transfield Pty Ltd (1999) 164 ALR 330 Derrick v St George Bank [2015] NSWSC 880 Hooper v Kirella Pty Ltd (1999) 96 FCR 1 Quanta Software International Pty Ltd v Computer Management Services Pty Ltd (2000) 175 ALR 536 Category: Principal judgment Parties: Oliver K J Derrick (plaintiff) St George Bank (defendant) Representation: Solicitors: Mr O Derrick (self-represented) Mr D Zabow (defendant) File Number(s): 2015/63487 Publication restriction: None

Judgment 1. This morning I made orders dismissing a summons filed by the plaintiff, Oliver Derrick, on 2 June 2015, and awarding costs in favour of the defendants, the St George Bank ("St George"), and its principal, the Westpac Bank ("Westpac"). 2. These are my reasons for making those orders.