Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Pritchard v Fryer [2020] NSWSC 744 Hearing dates: On the papers Date of orders: 19 June 2020 Decision date: 19 June 2020 Jurisdiction: Equity Before: Robb J Decision: See par [92]
Catchwords: CRIME — Public justice offences — Perjury — where leave of the Court is sought to commence criminal proceedings — where the criminal charge sought has not been formulated — where there is nothing that remotely establishes that any of the alleged statements constituted perjury — motion dismissed
CIVIL PROCEDURE — Court administration — Case management — where various forms of relief are sought including case management for an appeal from the Local Court to the Supreme Court — where it would be an improper imposition on the capacity of the Court to devote time to misconceived claims — various prayers dismissedLegislation Cited: Crimes Act 1900 (NSW)
Oaths Act 1900 (NSW)
Uncollected Goods Act 1995 (NSW)Cases Cited: Mohareb v Palmer [2016] NSWCA 378
Pritchard v Fryer [2017] NSWSC 1752
Pritchard v Fryer; Pritchard v Hall [2018] NSWSC 1141
Pritchard v Fryer [2019] NSWSC 947
William Wayne Moss v Luke McIlveen [2011] NSWCA 77Category: Procedural and other rulings Parties: Andrew Ronald Pritchard (plaintiff / applicant)
Gregory Robert Fryer (defendant / respondent)Representation: Counsel: A R Pritchard (self) (plaintiff / applicant)
Solicitors:
G R Fryer (self) (defendant / respondent)
File Number(s): 2016 / 90273; 2018 / 124156
Judgment
-
This is another judgment in the endless litigation between Andrew Ronald Pritchard and Gregory Robert Fryer.
-
I have not been able to work out how many judgments have been delivered by different judges of this Court in different proceedings commenced by the parties. Accordingly, I have not been able to give the title to the proceedings a number to distinguish it from all of the other judgments.
-
As I understand it, the Court has received submissions from the parties in respect of the determination of four notices of motion filed by Mr Pritchard. Those notices of motion have been filed in two separate proceedings in the Court.
Proceedings No 2016/90273
-
One of the proceedings is No 2016/90273 (the 2016 proceedings) which was commenced by Mr Pritchard. On 14 December 2017, I made an order dismissing those proceedings: Pritchard v Fryer [2017] NSWSC 1752.
-
Mr Pritchard has filed two notices of motion in those proceedings. By the first, filed on 28 June 2019, Mr Pritchard seeks orders that, if granted, would authorise him to commence a private criminal prosecution against Mr Fryer. I will explain the orders sought by Mr Pritchard in more detail below.
-
By the second notice of motion, filed on 18 February 2020, Mr Pritchard seeks an order that this notice of motion be decided before the 28 June 2019 notice of motion. The prayers in the notice of motion seek the determination by the Court of 17 different questions described as questions “of fact and law”.
Proceedings No 2018/124156
-
The second of the proceedings is…
Continue reading Pritchard v Fryer
Sign in free to access the full text
- AGLC
- Pritchard v Fryer [2020] NSWSC 744
- Case
- [2020] NSWSC 744
- Decision Date
CaseChat Overview and Summary
The court found that the application to commence criminal proceedings was not supported by any evidence that could substantiate a charge of perjury. There was no basis to conclude that any of the statements made by Fryer were false and made with the intent to deceive. Additionally, the court held that it would be inappropriate to manage the case in a manner that would allow for an appeal without proper formulation of the charge. It was deemed an improper use of the court's resources to entertain such a misconceived appeal. The court emphasised the need for clear and substantiated legal claims to be presented before it could consider any form of relief.
Consequently, the motion for leave to commence criminal proceedings was dismissed. The court also dismissed the various other prayers that were part of the application, including the request for case management concerning the proposed appeal. The court's decision underscored the importance of ensuring that legal proceedings are founded on solid evidence and clear legal grounds. The orders of the court effectively denied Pritchard the opportunity to proceed with the criminal charges against Fryer and dismissed all other prayers for relief in the application.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.