Kenneth Allan Donaldson v State of New South Wales [2018] NSWSC 1562

Supreme Court New South Wales

Medium Neutral Citation: Kenneth Allan Donaldson v State of New South Wales [2018] NSWSC 1562 Hearing dates: 5 April 2018 Date of orders: 17 September 2018 Decision date: 17 October 2018 Jurisdiction: Common Law Before: Hamill J Decision: (1) The first order sought in the defendant's notice of motion is granted. (2) Proceedings 17/298829 are dismissed pursuant to Part 13, rule 4 of the Uniform Civil Procedure Rules. (3) The plaintiff is to pay the defendant's costs. Catchwords: CIVIL LAW – application for summary dismissal – action against state in relation to conduct of Registrar and Judge – where conduct alleged occurred in the course of curial proceedings conducted in 2011 – allegations of negligence by original judge – allegation that judge "rebelled against his sworn oath" – where decision subject to appeal and application for special leave – principle of finality – abuse of process – judicial immunity – liability of state for actions of judicial officers – delay in publication of judgment – allegations of conspiracy between judges to defraud – allegations of perversion of the course of justice – "Judgment of Entitlement" – manifestly ridiculous Legislation Cited: Judicial Officers Act 1986 (NSW) ss 44A, 44C Limitation Act 1969 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Part 13 rule 4, Part 14 rule 28 Cases Cited: Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256; [2006] HCA 27 Crimmins v Stevedoring Industry Finance Committee (1999) 200 CLR 1; [1999] HCA 59 Donaldson v Commonwealth of Australia [2011] NSWSC 423 Donaldson v Commonwealth of Australia [2012] HCASL 51 D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1; [2005] HCA 12 General Steel Industry v Commissioner for Railways (1964) 112 CLR 125; [1964] HCA 69 Hammond v The State of New South Wales [2013] NSWSC 1930 Hammond v the State of New South Wales [2015] NSWCA 304 Rajski v Powell (1987) 11 NSWLR 522 Category: Procedural and other rulings Parties: Kenneth Allan Donaldson State of New South Wales Representation: Counsel: Kenneth Allan Donaldson (self-represented) Ms S Patterson (State of New South Wales)