Golden v V'landys

[2020] NSWCA 120

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:
Self-represented Applicant
P Braham SC / D Birch (Respondents)

Solicitors:
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:

[2019] NSWSC 1362

Date of Decision:

16 October 2019

Before:

McCallum J

File Number(s):

2018/263736

Judgment

1. 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

2. 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…