Golden v V’Landys [2015] NSWSC 1589

Supreme Court New South Wales

Medium Neutral Citation: Golden v V'Landys [2015] NSWSC 1589 Hearing dates: 22 October 2015 Decision date: 29 October 2015 Jurisdiction: Common Law Before: Button J Decision: (1) The plaintiff is refused leave to rely upon the following: (a) The affidavit of Peter Sherman sworn 17 June 2015; (b) The affidavit of Joseph Golden of 18 August 2015; and (c) The report of Gino Malacco of 2 October 2015. (2) The plaintiff must pay the costs of each defendant of the proceedings before me. Catchwords: PRACTICE AND PROCEDURE – claim for relief in the nature of prerogative writ and in tort for loss of income and other funds – application to file further evidence in support of claim – whether service of the evidence would prejudice the defendants – whether the plaintiff has demonstrated any basis for the receipt of the evidence at a very late stage Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 176 Category: Procedural and other rulings Parties: Joseph Golden (Plaintiff) Peter V'Landys (First Defendant) Racing New South Wales ABN 862 816 044 17 (Second Defendant) Representation: Counsel: A Crossland (Plaintiff) N Owens (First Defendant) H El-Hage (Second Defendant)

Solicitors: Koffels Lawyers (Plaintiff) Yeldham Price O'Brien Lusk (First Defendant) DLA Piper Australia (Second Defendant) File Number(s): 2013/140063