Golden v Howard

Case [2025] NSWCA 117


Court of Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Golden v Howard [2025] NSWCA 117
Hearing dates: 11 April 2025
Date of orders: 29 May 2025
Decision date: 29 May 2025
Before: Ward P at [1];
Payne JA at [2];
Ball JA at [112]
Decision:

(1)   Leave to appeal granted.

(2)   Set aside order 1 made by Rothman J on 1 October 2024.

(3)   Amend order 3 made by Rothman J on 1 October 2024 to provide:

(3) that Mr Golden is to pay the costs of the respondents’ notice of motion filed on 24 April 2023 other than those that are the subject of order 1 made by Wright J on 6 December 2023.

(4)   Appeal otherwise dismissed.

(5)   Mr Golden pay the costs of the respondents of the application for leave to appeal and the appeal.

Catchwords:

CIVIL PROCEDURE –– Court of Appeal –– Leave to appeal –– application for leave to appeal against order made under s 8 of the Vexatious Proceedings Act –– no appealable error –– orders varied –– appeal otherwise dismissed

Legislation Cited:

Civil Liability Act 2002 (NSW) ss 5B, 5C

Civil Procedure Act 2005 (NSW) ss 56, 57

Vexatious Proceedings Act 2008 (NSW) ss 4, 5, 6, 8

Uniform Civil Procedure Rules 2005 (NSW) rr 13.4, 14.28

Cases Cited:

Attwells v Jackson Lalic Lawyers Pty Ltd (2016) 259 CLR 1; [2016] HCA 16

Collier v Attorney General (NSW) [2023] NSWCA 273

D’Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1; [2005] HCA 12

Ebner v The Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63

GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32

Golden v Anderson & ors [2023] NSWSC 97

Golden v Howard & Anor [2023] NSWSC 1418

Golden v Howard (No 2) [2024] NSWSC 172

Golden v Howard [2023] NSWSC 1418

Golden v Howard & Anor [2024] NSWSC 1229

Golden v Koffel [2021] NSWSC 739

Golden v Koffel [2022] NSWCA 8

Golden v Littleproud [2019] NSWSC 120

Golden v V’landys [2015] NSWSC 1709

Golden v V’landys [2016] NSWCA 300

Golden v V’landys [2019] NSWSC 1362

Golden v V’landys [2020] HCASL 205

Golden v V’landys [2020] NSWCA 120

House v The King (1936) 55 CLR 499; [1936] HCA 40

Magill v Magill (2006) 226 CLR 551; [2006] HCA 51

O’Brien v Bank of Western Australia Ltd [2013] NSWCA 71

Potier v Attorney General in and for the State of New South Wales (2015) 89 NSWLR 284; [2015] NSWCA 129

Proietti v Proietti [2024] NSWCA 48

Spencer v The Commonwealth [2010] 241 CLR 118; [2010] HCA 28

Tame v New South Wales (2002) 211 CLR 317; [2002] HCA 35

UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45 Victoria International Container Terminal Limited v Lunt (2021) 271 CLR 132; [2021] HCA 11

Viavattene v Attorney General(NSW) [2015] NSWCA 44

Texts Cited:

None

Category:Principal judgment

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AGLC
Golden v Howard [2025] NSWCA 117
Case
[2025] NSWCA 117
Decision Date

CaseChat Overview and Summary

The Court of Appeal of New South Wales, comprising Ward P, Payne and Ball JJA, considered an application for leave to appeal against an order made by Rothman J under section 8 of the *Vexatious Proceedings Act 2008* (NSW). The applicant, Mr Golden, sought to appeal the orders made by Rothman J on 1 October 2024.

The primary legal issue before the Court of Appeal was whether Rothman J had made an appealable error in the orders granted. The court was required to determine if the original orders were legally sound or if they contained errors that warranted intervention on appeal.

The Court of Appeal found that there was no appealable error in the substantive orders made by Rothman J, save for a minor amendment to one of the cost orders. The court granted leave to appeal, set aside one of the original orders, and amended another cost order to clarify the scope of costs payable by Mr Golden. The appeal was otherwise dismissed, and Mr Golden was ordered to pay the respondents' costs of both the application for leave to appeal and the appeal itself.

Orders

Orders of the court

(1) Leave to appeal granted.

(2) Set aside order 1 made by Rothman J on 1 October 2024.

(3) Amend order 3 made by Rothman J on 1 October 2024 to provide:

(3) that Mr Golden is to pay the costs of the respondents’ notice of motion filed on 24 April 2023 other than those that are the subject of order 1 made by Wright J on 6 December 2023.

(4) Appeal otherwise dismissed.

(5) Mr Golden pay the costs of the respondents of the application for leave to appeal and the appeal.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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