NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Walker v Government Service of New South Wales State Transit Authority Division [2017] NSWSC 1528 Hearing dates: 7 November 2017 Date of orders: 14 November 2017 Decision date: 14 November 2017 Jurisdiction: Common Law Before: Harrison J Decision: Proceedings dismissed with costs. Catchwords: SUMMARY DISMISSAL – proceedings dismissed pursuant to UCPR 13.4 – where plaintiff's statement of claim does not articulate a reasonable cause of action known to the law – where defendants have demonstrated that the case against them is so obviously untenable or manifestly groundless as to be utterly hopeless – where plaintiff has no reasonable prospect of establishing any cause of action against each defendant Legislation Cited: Independent Commission Against Corruption Act 1988 Transport Administration Act 1988 Uniform Civil Procedure Rules 2005 Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Attorney-General v Wentworth (1988) 14 NSWLR 481 Byrne and Frew v Australian Airlines Limited (1995) 185 CLR 410; [1995] HCA 24 Dey v Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87; [1983] HCA 25 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Webster v Lampard (1993) 177 CLR 602; [1993] HCA 57 Category: Principal judgment Parties: Craig Walker (Plaintiff) Government Service of New South Wales State Transit Authority (First Defendant) Roads and Maritime Services (Second Defendant) Independent Commission Against Corruption (Third Defendant) Department of Premier and Cabinet (Fourth Defendant) Representation: Counsel: G F Mahony (Defendant)
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