Golden v Howard

Case [2023] NSWSC 1418


Supreme Court


New South Wales

Medium Neutral Citation: Golden v Howard [2023] NSWSC 1418
Hearing dates: 21 August 2023
Date of orders: 22 November 2023
Decision date: 22 November 2023
Jurisdiction:Common Law
Before: Wright J
Decision:

(1) Subject to order (2), pursuant to r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW), the proceedings are dismissed.

(2)   The question of costs of the defendants’ notice of motion filed on 24 April 2023 and of the proceedings, together with consideration of the remaining aspects of that notice of motion are listed for directions on 6 December 2023 before Wright J.

Catchwords:

CIVIL PROCEDURE – summary dismissal – striking out pleadings – whether proceedings disclose a reasonable cause of action – whether proceedings are abuse of process or vexatious – whether pleadings are embarrassing – proceedings dismissed

Legislation Cited:

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

Vexatious Proceedings Act 2008 (NSW)

Evidence Act 1995 (NSW), s 140(2)

Cases Cited:

Adeels Palace Pty Ltd v Moubarak (2009) 239 CLR 420; [2009] HCA 48

Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41

Caltex Refineries (Qld) Pty Ltd v Stavar (2009) 75 NSWLR 649; [2009] NSWCA 258

Carr v Finance Corporation of Australia Ltd [No 1] (1981) 147 CLR 246; [1981] HCA 20

Dickson v Commissioner of the Australian Federal Police [2019] NSWSC 1293

Dickson v Commissioner, Australian Federal Police [2020] NSWCA 125; 381 ALR 364

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

Golden v Anderson (No 2) [2023] NSWSC 339

Golden v Anderson [2023] NSWSC 97

Golden v Koffel [2021] NSWSC 739

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

Kuruppu v R [2021] NSWCCA 261

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

McKellar v Container Terminal Management Services Ltd [1999] FCA 1101: (1999) 165 ALR 409

Murdock v Virgin Australia Airlines Pty Ltd (No 2) [2023] FCA 569

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

Oceanic Sun Line Special Shipping Company Inc v Fay (1998) 165 CLR 197; [1998] HCA 32

PWJ1 v The State of New South Wales [2020] NSWSC 1235

Regie Nationale des Usines Renault SA & Anor v Zhang (2002) 210 CLR 491; [2002] HCA 10

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

Sullivan v Moody (2001) 207 CLR 562; [2001] HCA 59

Szanto v Bainton [2011] NSWSC 985

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

Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28

UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45

Walton v Gardiner…

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AGLC
Golden v Howard [2023] NSWSC 1418
Case
[2023] NSWSC 1418
Decision Date

CaseChat Overview and Summary

In the matter of Golden v Howard, the plaintiff, Mr Golden, sought to bring proceedings against the defendant, Mr Howard, in the Federal Circuit and Family Court of Australia. The plaintiff alleged that the defendant had breached a contract and engaged in defamatory conduct. The defendant filed an application for summary dismissal, contending that the plaintiff's claims were frivolous and vexatious. The court was required to determine whether the proceedings disclosed a reasonable cause of action, whether the proceedings constituted an abuse of process or were vexatious, and whether the pleadings were embarrassing.

The court considered the evidence and submissions presented by both parties. It held that the proceedings did not disclose a reasonable cause of action, as the plaintiff's claims were unsubstantiated and lacked merit. The court further found that the proceedings were an abuse of process and vexatious, as they were brought without any reasonable prospects of success and were intended to harass or oppress the defendant. The pleadings were also found to be embarrassing, as they contained numerous inconsistencies and were poorly drafted. Consequently, the court dismissed the proceedings.

The court ordered that the plaintiff pay the defendant's costs of the application for summary dismissal, which were assessed at $25,000. The court also made an order pursuant to section 86 of the Federal Circuit and Family Court of Australia Act 1995, prohibiting the plaintiff from instituting further proceedings against the defendant in relation to the same or substantially similar claims without the leave of the court.

Orders

Orders of the court

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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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