Moss v McIlveen

[2011] NSWCA 77

Court of Appeal

New South Wales

Case Title:	William Wayne Moss v Luke McIlveen
Medium Neutral Citation:	[2011] NSWCA 77
Hearing Date(s):	28 March 2011
Decision Date:	28 March 2011
Jurisdiction:
Before:	Whealy JA, Handley AJA
Decision:	Application for leave is dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Catchwords:	CIVIL - APPEAL - Leave to bring private perjury prosecution - alleged bias of primary judge - ingredients of charge of perjury
Legislation Cited:	Crimes Act 1900 (NSW) ss 327, 338
Cases Cited:
Texts Cited:
Category:	Principal judgment
Parties:	William Wayne Moss (Applicant) Luke McIlveen (Respondent)
Representation
- Counsel:	Counsel: William Wayne Moss (In person) D R Sibtain (Respondent)
- Solicitors:	Solicitors: William Wayne Moss (In person) Blake Dawson (Respondent)
File number(s):	2010/50095
Decision Under Appeal
- Court / Tribunal:
- Before:	Adams J
- Date of Decision:	16 September 2010
- Citation:	[2010] NSWSC 1050
- Court File Number(s)	2010/50095
Publication Restriction:

Judgment

1. WHEALY JA: William Wayne Moss, the applicant, seeks leave to appeal from a decision of Justice Adams delivered on 16 September 2010. The history of the matter may be stated briefly.

1. The applicant had brought proceedings in the District Court against Nationwide New Pty Limited for breach of contract. Put shortly, the applicant's case in the District Court was that he being a person in possession of information concerning the case of Schapelle Corby, spoke to Cindy Wockner a reporter on the Daily Telegraph and later to her colleague the respondent. It was the applicant's claim in the District Court that he came to an agreement with the respondent that the applicant would be paid $250,000 for information to be published in the Daily Telegraph.

1. The applicant's case against Nationwide New Pty Limited failed. The case was heard by Judge Delaney and on 31 January 2008 his Honour gave judgment in favour of the defendant. At the trial oral evidence had been given by the applicant and the two journalists in question. The respondent deposed in effect that there was no agreement to pay anything at all to the applicant. The respondent's evidence was that to the contrary the applicant was told he would not be paid anything for the information he had given. In substance the trial judge accepted this evidence and rejected that of the applicant.

1. Section 327 of the Crimes Act 1900 creates an offence of perjury. The offence is committed where any person in or in connection with any judicial proceeding makes a false statement on oath concerning any matter which was material to the proceedings knowing the statement to be false or not believing it to be true.…