Golden v Koffel

[2022] NSWCA 8

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Golden v Koffel [2022] NSWCA 8

Hearing dates:

4 February 2022

Date of orders:

7 February 2022

Decision date:

07 February 2022

Before:

Gleeson JA
White JA

Decision:

Summons for leave to appeal is dismissed with costs

Catchwords:

CIVIL PROCEDURE — application for leave to appeal against summary dismissal of — no reasonable cause of action — where applicant sued his former solicitors — advocates’ immunity — no question of principle

Cases Cited:

Attwells v Jackson Lalic Lawyers Pty Ltd (2016) 259 CLR 1

D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1

Giannarelli v Wraith (1988) 165 CLR 543

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] NSWCA 120

Category:

Procedural rulings

Parties:

Joseph Paul Golden (Applicant)
Ross Koffel (First Respondent)
Koffels Pty Ltd (Second Respondent)

Representation:

Counsel:
Applicant is self-represented
Mr I Griscti (Respondents)

Solicitors:
Gilchrist Connell (Respondents)

File Number(s):

2021/193076

Publication restriction:

Nil

 Decision under appeal 

Court or tribunal:

Supreme Court of NSW

Jurisdiction:

Common Law

Citation:

[2021] NSWSC 739

Date of Decision:

18 June 2021

Before:

Cavanagh J

File Number(s):

2020/322134

Judgment

1. THE COURT: This is an application for leave to appeal from orders of a judge of the Common Law Division that the applicant’s proceeding be summarily dismissed with costs (Golden v Koffel [2021] NSWSC 739, Cavanagh J).

2. The applicant, Mr Golden, was a racehorse breeder and trainer. On 8 June 2011 the Chief Executive of Racing NSW, Mr Peter V’landys, on behalf of Racing NSW, decided that Mr Golden’s trainer’s licence should be suspended for six months. On 24 June 2011 Mr V’landys determined that Mr Golden should be warned off racetracks controlled by Racing NSW indefinitely.

3. In 2013 Mr Golden commenced proceedings challenging those decisions. Initially all his claims failed (Golden v V’landys [2015] NSWSC 1709, Adamson J). On appeal (Golden v V’landys [2016] NSWCA 300) Mr Golden was partially successful. The decision to warn off Mr Golden from all racetracks controlled by Racing NSW was quashed and the respondents (Mr V’landys and Racing NSW) were ordered to pay 75% of his costs.

4. What prompted the decisions of Mr V’landys for Racing NSW was Mr Golden’s abusive complaints of corruption in the administration or oversight by Racing NSW of a Commonwealth Government scheme, the Commercial Horse Assistance Payments Scheme (“CHAPS”), to provide assistance to those involved in the horse racing industry who were adversely affected by an outbreak in 2007 of the equine influenza virus.

5. The respondents to the present application, Koffels Pty Ltd and Mr Koffel, acted for Mr Golden in the proceedings before Adamson J.

6. In 2018 Mr Golden instituted a second proceeding in the Common Law Division in which he represented himself. He sought to reventilate his earlier claims that had been disposed of, as well as challenge a later decision adverse to him in 2017. Those proceedings were…