Padraig Christopher McGuire v Sporting Shooters Association of Australia NSW Coffs Harbour Branch Inc [2017] NSWSC 826

Supreme Court New South Wales

Medium Neutral Citation: Padraig Christopher McGuire v Sporting Shooters Association of Australia NSW Coffs Harbour Branch Inc [2017] NSWSC 826 Hearing dates: 21 June 2017 Decision date: 21 June 2017 Jurisdiction: Common Law Before: Hamill J (as Duty Judge) Decision: (1) Proceedings 2017/00094073 are dismissed. (2) The plaintiff is to pay the defendant's costs of these proceedings. (3) I note the undertaking of the defendant and its solicitors that it will not seek to enforce that part of the costs order or judgment comprised by the payment of $29,365 by the plaintiff into the Grafton Local Court on 19 June 2012. I expect that in accordance with that undertaking, it will not seek to enforce any interest on that part of the claim. (4) I also note (in revising this judgment) that the defendant indicated an application for indemnity costs but withdrew that application on the basis that it may seek an order for costs (including, presumably, indemnity costs) against the solicitor responsible for filing the original summons. Catchwords: CIVIL LAW – application for summary judgment – summons seeking order that judgment be set aside – judgment entered on registration of certificate of costs assessment – whether capable of being set aside – lengthy proceedings in Local Court – lawyers' picnic – where part of costs paid into court – where plaintiff did not pursue appeal rights to District Court under Legal Profession Act - whether relief sought in summons "untenable" – whether proceedings "hopeless" or destined to fail Legislation Cited: Uniform Civil Procedure Rules NSW (2005) Local Court Act 2007 Legal Profession Uniform Law of 2016 Legal Profession Act 2004 Cases Cited: General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125; [1964] HCA 69 Frumar v Owners of Strata Plan 36957 [2010] NSWCA 172 Doyle v Hall Chadwick [2007] NSWCA 159 Dey v Victorian Railway Commissioners (1949) 78 CLR 62 [1949] HCA Category: Procedural and other rulings Parties: PC McGuire (Self-represented) Sporting Shooters Association of Australia NSW Coffs Harbour Branch Inc (Defendant) Representation: Counsel: Mr J Knackstredt (Defendant)