Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Golden v V’landys [2020] NSWCA 120 Hearing dates: 15 June 2020 Date of orders: 26 June 2020 Decision date: 26 June 2020 Before: Basten JA at [1];
Macfarlan JA at [13];
Meagher JA at [38]Decision: Summons seeking leave to appeal dismissed with costs.
Catchwords: CIVIL PROCEDURE – application for leave to appeal against decision striking out statement of claim and dismissing proceedings – claims for judicial review largely an attempt to relitigate issues dealt with in previous proceedings – remainder long out of time and lacking utility
Legislation Cited: Supreme Court Act 1970 (NSW), ss 65, 69, 75
Supreme Court (General Civil Procedure) Rules 2005 (Vic), r 56.02
Uniform Civil Procedure Rules 2005 (NSW), rr 59.1, 59.10; Pt 59
Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10
Buttrose v Attorney General of New South Wales [2015] NSWCA 221; 324 ALR 562
D’Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1; [2005] HCA 12
Maddingley Brown Coal Pty Ltd v Environment Protection Authority [2013] VSC 582
Minister for Youth and Community Services v Kew Cottages & St Nicholas’ Parents Association Ltd (1996) 10 VAR 293
Texts Cited: K R Handley, Spencer Bower and Handley: Res Judicata (4th ed, 2009, LexisNexis)
Category: Principal judgment Parties: Joseph Paul Golden (Applicant)
Peter V’landys (First Respondent)
Kevin P Greene (Second Respondent)
Anthony G Hodgson (Third Respondent)
Racing New South Wales (Fourth Respondent)Representation: Counsel:
Solicitors:
Self-represented Applicant
P Braham SC / D Birch (Respondents)
Self-represented Applicant
Yeldham Price O'Brien Lusk (Respondents)
File Number(s): 2019/347238 Decision under appeal
- Court or tribunal:
- Supreme Court
- Jurisdiction:
- Common Law
- Citation:
- Date of Decision:
- 16 October 2019
- Before:
- McCallum J
- File Number(s):
- 2018/263736
Judgment
-
BASTEN JA: The applicant seeks leave to appeal from a judgment of McCallum J in the Common Law Division, striking out a statement of claim filed in 2018 and dismissing the proceedings. Because the summary dismissal does not preclude the applicant bringing fresh proceedings, he needs leave to appeal that decision. I agree with Macfarlan JA that leave to appeal should be refused. I add the following observations in relation to a decision of the second respondent, Racing New South Wales, to refuse the applicant a trainer’s licence for the 2016-2017 year.
Futility of judicial review
-
While the applicant should not be permitted to reopen proceedings which have already been determined, that principle does not apply to the decision of Racing New South Wales in February 2017 to reject the applicant’s application for a trainer’s licence for the year ending 30 June 2017. However, the fact that the proceedings were not commenced until more than a year after the licence would have expired suggests that a proceeding by way of judicial review in respect of that determination would lack utility. There being no legal interest affected by the quashing of that decision, even if invalidity were to be demonstrated, relief by way…
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- AGLC
- Golden v V'landys [2020] NSWCA 120
- Case
- [2020] NSWCA 120
- Decision Date
CaseChat Overview and Summary
The Court of Appeal was required to determine whether the primary judge erred in striking out the statement of claim and dismissing the proceedings. This involved considering whether the applicants' claims for judicial review were indeed an attempt to relitigate concluded matters, and whether any remaining claims were time-barred and without utility, thereby justifying their dismissal.
The Court of Appeal, comprising Basten, Macfarlan and Meagher JJA, dismissed the summons seeking leave to appeal. Their Honours were satisfied that the primary judge had correctly identified that the bulk of the claims were an attempt to relitigate issues already determined by the courts. Furthermore, any residual claims were found to be out of time and lacked any discernible utility, meaning there was no proper basis for the proceedings to continue.
The summons seeking leave to appeal was dismissed with costs.
Orders
Orders of the court
Summons seeking leave to appeal dismissed with costs.
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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