Lambourne v Baker (No 6)

Case [2025] NSWCA 45


Court of Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Lambourne v Baker (No 6) [2025] NSWCA 45
Hearing dates: 25 March 2025
Date of orders: 27 March 2025
Decision date: 27 March 2025
Before: Adamson JA, Ball JA and Griffiths AJA
Decision:

(1) The motion filed 20 December 2024 be dismissed.

(2) The applicants pay the respondents’ costs of the motion filed 20 December 2024 in the gross sum of $13,000 (including GST).

(3) Lift the stay made on 3 February 2025.

Catchwords:

CIVIL PROCEDURE — Court of Appeal — review of decision of single judge of appeal — Supreme Court Act 1970, s 46(4) — Uniform Civil Procedure Rules 2005, r 51.58 —whether applicants demonstrated error of principle or that the decision was plainly wrong

Legislation Cited:

Civil Procedure Act 2005 (NSW), 56

Suitors’ Fund Act 1951 (NSW), s 6

Supreme Court Act 1970 (NSW), ss 23, 46

Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 36.17, 49.15, 49.16, 49.17, 51.58

Cases Cited:

Collier v Lancer [2013] NSWCA 185

In the matter of Punters Show Pty Limited [2019] NSWSC 1777

In the matter of Punters Show Pty Ltd [2022] NSWSC 43

J Aron Corporation v Newmont Yandal Operations Pty Ltd (2006) 202 FLR 359; [2006] NSWSC 849

JKB Holdings Pty Ltd v de la Vega [2013] NSWSC 501

Johnston v The Greens NSW (No 2) [2021] NSWCA 291

Lambourne v Baker [2021] NSWCA 229

Lambourne v Baker [2024] NSWCA 280

Lambourne v Baker [2024] NSWCA 281

Lambourne v Baker (No 2) [2021] NSWCA 282

Lambourne v Baker (No 3) [2022] NSWCA 25

Lambourne v Baker (No 4) [2024] NSWCA 132

Lambourne v Baker (No 5) [2024] NSWCA 241

Majak v Rose (No 5) [2017] NSWCA 238

Newmont Yandal Operations Pty Ltd v J Aron Corporation (2007) 70 NSWLR 411; [2007] NSWCA 195

Owners of the Ship, “Shin Kobe Maru” v Empire Shipping Co Inc (1994) 181 CLR 404; [1994] HCA 54

Rahman v Riordan [2010] NSWCA 288

Rahman v Riordan [2010] NSWCA 375

Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403

Slee v Carson (Court of Appeal (NSW), Mason P, 13 July 1998, unrep)

Wentworth v Wentworth (1994) 35 NSWLR 726

Texts Cited:

Nil

Category:Procedural rulings
Parties: Marc Alan Lambourne (First Applicant)
Glenn Craig Pollett (Second Applicant)
Punters Show Pty Ltd (Third Applicant)
Dallas Matthew Baker (First Respondent)
Todd Cameron Buckingham (Second Respondent)
BetMakers Technology Group Limited (Third Respondent)
12 Follow Pty Limited (Fourth Respondent)
Operis Momentus Pty Limited (Fifth Respondent)
Representation:

Counsel:
MA Lambourne (Applicants) (Self represented)
AP Cheshire SC (Respondents)

Solicitors:
Vintage Law (Respondents)
File Number(s): 2019/00407870
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
Supreme Court of New South Wales
Jurisdiction:
Court of Appeal
Citation:

[2024] NSWCA 280; [2024] NSWCA 281

Date of Decision:
25 November 2024
Before:
Price AJA
File Number(s):
2019/00407870

HEADNOTE

[This headnote is not to be read as part of the judgment]

This is the latest chapter in an ongoing litigious…

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Details
AGLC
Lambourne v Baker (No 6) [2025] NSWCA 45
Case
[2025] NSWCA 45
Decision Date

CaseChat Overview and Summary

The applicants sought leave to appeal to the Court of Appeal of New South Wales against a decision of a single judge of the Court of Appeal. The underlying dispute concerned a previous judgment of the Supreme Court of New South Wales. The applicants contended that the single judge had erred in law in their previous decision.

The primary legal issue before the Court of Appeal was whether the applicants had demonstrated that the single judge's decision was affected by an error of principle or was plainly wrong, as required by section 46(4) of the *Supreme Court Act 1970* (NSW) and rule 51.58 of the *Uniform Civil Procedure Rules 2005* (NSW) for leave to appeal to the full court.

The Court of Appeal considered the arguments presented by both parties. It found that the applicants had failed to establish the necessary grounds for leave to appeal. Consequently, the Court dismissed the motion for leave to appeal. The Court also ordered that the stay previously imposed on the judgment be lifted.

Orders

Orders of the court

(1) The motion filed 20 December 2024 be dismissed.

(2) The applicants pay the respondents’ costs of the motion filed 20 December 2024 in the gross sum of $13,000 (including GST).

(3) Lift the stay made on 3 February 2025.

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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