NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Golden v V'landys [2019] NSWSC 1362 Hearing dates: 3 December 2018, 1 February 2019, 11 June 2019 Decision date: 16 October 2019 Jurisdiction: Common Law Before: McCallum J Decision: 1. Strike out the statement of claim filed 28 August 2018. 2. Dismiss the proceedings with costs. Catchwords: CIVIL PROCEDURE – pleadings – strike-out application – proceedings for judicial review and misfeasance in public office – same causes of action determined in earlier proceedings between the same parties – attempt to re-litigate issues previously determined by the court with additional evidence – plaintiff bound by manner in which his lawyers conducted previous case
JUDICIAL REVIEW – application out of time for review of decision no longer having any operation – whether proceedings inutile Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.28, 13.4(1), 59.10 Cases Cited: Golden v V'landys [2015] NSWSC 1709 Golden v V'landys [2016] NSWCA 300 Webber v Racing NSW [2019] NSWSC 46 Category: Procedural and other rulings Parties: Joseph Paul Golden (plaintiff) Peter V'landys (first defendant) Keven P Greene (second defendant) Anthony G Hodgson (third defendant) Racing New South Wales (fourth defendant) Representation: Counsel: Plaintiff self-represented P Braham SC, D Birch (defendant) Solicitors: Yeldham Price O'Brien Lusk (defendants) File Number(s): 2018/263736 Publication restriction: None
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