Kyle Anthony v State of New South Wales
[2025] NSWSC 1322
Citation 1
…ings. Issues of fact are pre-eminently matters for final hearing. Summary dismissal will be refused if there is a triable issue: Wickstead v Browne (1992) 30 NSWLR 1 at 11 (Handley and Cripps JJA); [1992] NSWCA 272.…
Litigation Fund WCX Pty Ltd v Aversa
[2025] NSWSC 1301
Citation 2
(Para 7)
…ings. Issues of fact are pre-eminently matters for final hearing. Summary dismissal will be refused if there is a triable issue: Wickstead v Browne (1992) 30 NSWLR 1 at 11 (Handley and Cripps JJA); [1992] NSWCA 272.…
Barr v Macquarie University
[2025] NSWCATAD 267
Citation 3
(Para 63)
…al matters about which the applicant has no direct evidence: Xu v Sydney West Area Health Service [2006] NSWADT 3 at [16] citing Wickstead v Browne (1992) 30 NSWLR 1.…
LB v Secretary, NSW Department of Education (No 3)
[2025] NSWSC 940
Citation 4
…ings. Issues of fact are pre-eminently matters for final hearing. Summary dismissal will be refused if there is a triable issue: Wickstead v Browne (1992) 30 NSWLR 1 at 11 (Handley and Cripps JJA); [1992] NSWCA 272.…
Paulson v State of New South Wales
[2025] NSWCA 181
Citation 5
(Para 22)
…It is well-established that orders for summary dismissal are interlocutory and require leave to appeal: see Wickstead v Browne (1992) 30 NSWLR 1 at 11; [1992] NSWCA 272 and McGinn v Cranbrook School [2016] NSWCA 226 at [9] and [20]. In the latter case, Gleeson JA (with whom Beazley P and Simpson JA agreed) referred…
McShelly Pty Ltd v VHS Holding Company Pty Ltd
[2025] QSC 159
Citation 6
(Para 7)
…) (2008) 252 ALR 41 at [19] (Finkelstein J); Johnson Tiles Pty Ltd v Esso Australia Ltd (No 2) (2000) 97 FCR 175 at [4]; Wickstead v Browne (1992) 30 NSWLR 1 at 5-6 (Kirby P, as His Honour then was).…
Byrne v Turner Freeman Lawyers
[2025] NSWCA 146
Citation 7
…“[11] The order of Grove J was interlocutory. This Court decided that in Wickstead v Browne (1992) 30 NSWLR 1 in dealing with the relevantly indistinguishable provisions of Part 13 of the then Supreme Court Rules, citing relevant decisions of the High Court and Privy Council: Hall v Nominal Defendant [1966] HCA 36;…
Gartrell v State of NSW (Public Guardian) & Live Better Services Pty Ltd
[2025] NSWCATAD 102
Citation 8
…uments or answers on cross examination may lead to the proof of factual matters about which the plaintiff has no direct evidence. (Wickstead v Browne (1992) 30 NSWLR 1). The commonly-stated test of `taking the evidence at its highest' needs to be understood in this context. The evidence that is available to a Tribun…
Stroud v CMZZJ Investments Pty Ltd
[2025] NSWLEC 16
Citation 9
(Para 35)
…application for summary dismissal, the applicant for relief undertakes the burden of establishing that there is no triable issue: Wickstead v Browne (1992) 30 NSWLR 1 at 11; [1992] NSWCA 272.…
Resolution Life Australasia Limited v AMP Limited; Munich Reinsurance Company of Australasia Limited v AMP Limited
[2025] NSWCA 21
Citation 10
(Para 89)
…There is a further consideration in the present case. As Kirby P observed in Wickstead v Browne (1992) 30 NSWLR 1 at 5-6; [1992] NSWCA 272, common experience teaches that it is usually more efficient and just to consider the viability of a cause of action when the facts said to support it are reduced and the suggest…
Coughlan v Monash Health
[2025] VSC 52
Citation 11
(Para 4)
…f the defendant in law the comments are nevertheless applicable. [49] Jacobson v Ross [1995] 1 VR 337, 341. [50]W ickstead v Browne [1992] NSWCA 272; 30 NSWLR 1, 5–6, Kirby J in dissent on the outcome.…
Byrne v Turner Freeman Lawyers and Casselden
[2025] NSWDC 5
Citation 12
(Para 3)
…e Notices of Motion, in ways which will become obvious below. I bear in mind the oft-quoted words of Kirby P (as he then was) in Wickstead v Browne (1992) 30 NSWLR 1 at pp 5 – 6: Common experience teaches that it is usually more efficient and just to consider the viability of a cause of action when the facts said to…
Perpetual Corporate Trust Limited v Tsiamoulis
[2024] NSWSC 1544
Citation 13
(Para 67)
…As stated by Kirby P in Wickstead v Browne (1992) 30 NSWLR 1; [1992] NSWCA 272 at pp 5–6 (subsequently endorsed on appeal (High Court of Australia, Deane, Toohey and Gaudron JJ, 30 April 1993, unrep) and since cited with approval: see, for example, Bakewell v Anchorage Capital Master Offshore Ltd [2019] NSWCA 199 at…
HNOE Limited v Angus & Julia Stone Pty Ltd
[2024] NSWCA 271
Citation 14
(Para 86)
…embark upon a consideration of the existence or otherwise of an action for breach of statutory duty was his view, by reference to Wickstead v Browne (1992) 30 NSWLR 1; [1992] NSWCA 272 ( Wickstead ), that there was marginal utility in doing so because the proceedings would continue in any event because of the separ…
TRASENTE, D.J. Developments Pty Limited v McCreight
[2024] SADC 149
Citation 15
…tholic Club Ltd [2024] NSWCA 126; Khan v Hassan [2023] VCC 852; the Estate of the Late Sir Donald Bradman v Allens Arthur Robinson (2010) 107 SASR 1; Wickstead v Browne (1992) 30 NSWLR 1; Theseus Exploration NL v Foyster (1972) 126 CLR 507; Ceneavenue Pty Ltd v Martin (2008) 106 SASR 1, applied.…
Lombardo v Dermatology and Cosmetic Surgery Services Pty Ltd (summary dismissal and pleadings)
[2024] VSC 608
Citation 16
(Para 2)
…and content to the application and development of legal principle.[78] [76]T 200.20–31. [77]T 198.16–199.5. [78] Wickstead v Browne (1992) 30 NSWLR 1, 5.…
Ghosh v Scott Newtown trading as Shaw Gidley (No 10)
[2024] NSWSC 1170
Citation 17
…edings. Issues of fact are pre-eminently matters for final hearing. Summary dismissal will be refused if there is a triable issue: Wickstead v Browne (1992) 30 NSWLR 1 at 11 (Handley and Cripps JJA); [1992] NSWCA 272.…
The Owners Strata Plan No. 82089 v Omaya Holding Pty Ltd
[2024] NSWSC 992
Citation 18
…ings. Issues of fact are pre-eminently matters for final hearing. Summary dismissal will be refused if there is a triable issue: Wickstead v Browne (1992) 30 NSWLR 1 at 11 (Handley and Cripps JJA); [1992] NSWCA 272.…
Bhatia v State of New South Wales
[2024] NSWCA 190
Citation 19
(Para 9)
…arily dismissing the proceedings was an interlocutory order within the meaning of s 101(2)(e) of the Supreme Court Act 1970 (NSW): Wickstead v Browne (1992) 30 NSWLR 1 at 11; [1992] NSWCA 272. Accordingly, leave to appeal was required. The notice of appeal and amended notice of appeal were therefore incompetent and…
Haigh v Haddad
[2024] NSWSC 904
Citation 20
(Para 49)
…The onus of demonstrating that proceedings are an abuse of process (and should be summarily dismissed) lies on the defendant: Wickstead v Browne (1992) 30 NSWLR 1 at 11.…
GKX v Secretary, Department of Education
[2024] NSWCATAD 186
Citation 21
…uments or answers on cross examination may lead to the proof of factual matters about which the plaintiff has no direct evidence. (Wickstead v Browne (1992) 30 NSWLR 1). The commonly-stated test of `taking the evidence at its highest' needs to be understood in this context. The evidence that is available to a Tribun…
Bogovic v Aon Hewitt Financial Advice Limited
[2024] NSWSC 668
Citation 22
(Para 10)
…ds to be borne in mind that the identification of the date upon which a cause of action accrued is a question of fact, not law. In Wickstead v Browne (1992) 30 NSWLR 1; [1992] NSWCA 272 (at 5-7), Kirby P, albeit in dissent, in the course of a characteristically clear and comprehensive summary of the applicable princ…
Angus & Julia Stone Pty Ltd v HNOE Limited
[2024] NSWSC 627
Citation 23
(Para 24)
…Kirby P observed in Wickstead v Browne (1992) 30 NSWLR 1 at 5-7; [1992] NSWCA 272 that common experience teaches that it is usually more efficient and just to consider the viability of a cause of action when the facts said to support it are adduced and the suggested action can be judged with a full understanding of…
Attala v YWAM Surrey Hills Ltd
[2024] VSC 268
Citation 24
…[119](1992) 30 NSWLR 1, 11-12.…
Hall v Banfield
[2024] VSC 166
Citation 25
(Para 1)
…rather, to determine whether a triable issue is disclosed.[2] [1] Onus v Alcoa of Aust Ltd (1981) 149 CLR 27 at 57 (Aikin J). [2] Wickstead v Browne 30 NSWLR 1, 9 (Handley and Cripps JJA).…
Mills v Dunpec Pty Ltd
[2024] NSWSC 340
Citation 26
(Para 21)
…the purpose of making findings of fact “where the material conflicts”, but to determine whether a triable issue is disclosed: Wickstead v Browne (1992) 30 NSWLR 1, 9. Thirdly, as was made clear in Dey (at 91), “once it appears that there is a real question to be determined whether of fact or law and that the rights…
Fso v Secretary, Department of Education
[2024] NSWCATAD 82
Citation 27
…The appellant submitted that Wickstead anor v Browne (1992) 30 NSWLR 1 is authority for the proposition that on a strike out application the Tribunal must examine the evidentiary materials placed before it, not for the purpose of making findings of fact but to determine whether a triable issue is disclosed. However…
Business Finance Pty Ltd (in liq) v Casula Projects Pty Ltd
[2024] NSWSC 252
Citation 28
…edings. Issues of fact are pre-eminently matters for final hearing. Summary dismissal will be refused if there is a triable issue: Wickstead v Browne (1992) 30 NSWLR 1 at 11 (Handley and Cripps JJA); [1992] NSWCA 272.…
Kitoko v Sydney Local Health District
[2024] NSWCA 49
Citation 29
(Para 106)
…ought). Mr Kitoko argues that in light of the burden the respondents have in establishing that there is no triable issue (citing Wickstead v Browne (1992) 30 NSWLR 1 per Handley and Cripps JJA at 11), his actions should not be dismissed because of gaps in the case if the necessary evidence, including doctors’ record…
Farrant & Farrant
[2024] FedCFamC2F 100
Citation 30
(Para 2)
…k is insufficient to justify its summary dismissal (see Coe v The Commonwealth [1979] HCA 68; (1979) 24 ALR 118; Wickstead v Browne [1992] NSWCA 272; (1992) 30 NSWLR 1). 16. Further, the plurality said: 66.The determination of the issue must only take into account the material on which the respondent seeks to make o…
Ghosh v Scott Newton trading as Shaw Gidley (No 6)
[2023] NSWSC 1393
Citation 31
(Para 10)
…f Communities and Justice [2023] NSWCA 239 at [123]. Namely, that summary dismissal will be refused if there is a triable issue: Wickstead v Browne (1992) 30 NSWLR 1 at 11 (Handley and Cripps JJA); [1992] NSWCA 272. She also contended that Mfi A raised a triable issue about Mr Newton’s claimed breach of trust and so…
Transport for NSW v Boensch (No 2)
[2023] NSWSC 1354
Citation 32
…edings. Issues of fact are pre-eminently matters for final hearing. Summary dismissal will be refused if there is a triable issue: Wickstead v Browne (1992) 30 NSWLR 1 at 11 (Handley and Cripps JJA); [1992] NSWCA 272.…
Frederic & Brisset
[2023] FedCFamC2F 1291
Citation 33
(Para 5)
…k is insufficient to justify its summary dismissal (see Coe v The Commonwealth [1979] HCA 68; (1979) 24 ALR 118; Wickstead v Browne [1992] NSWCA 272; (1992) 30 NSWLR 1). 16. Further, the plurality said: 66.The determination of the issue must only take into account the material on which the respondent seeks to make o…
GR v Secretary, Department of Communities and Justice
[2023] NSWCA 239
Citation 34
…WLR 597; [2017] NSWCA 206 The Age Company Limited v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Wickstead v Browne (1992) 30 NSWLR 1; [1992] NSWCA 272 Wishart v Fraser (1941) 64 CLR 470; [1941] HCA 8 ZZT v Public Guardian [2023] NSWCATAP 31 Texts Cited: Practice Note SC CL 3 Supreme Court Common Law Division – Administ…
Kitoko v Sydney Local Health District
[2023] NSWSC 898
Citation 35
…inging an application for summary dismissal, the Defendants undertake the burden of establishing that there is no triable issue: Wickstead v Browne (1992) 30 NSWLR 1 at 11. The General Steel test remains the primary touchstone for such an application. The mere fact (if it be the case) that a plaintiff's prospects of…
Boensch v Transport for NSW and Registrar General of New South Wales
[2023] NSWLEC 82
Citation 36
(Para 56)
…ringing an application for summary dismissal, the respondents undertake the burden of establishing that there is no triable issue: Wickstead v Browne (1992) 30 NSWLR 1 at 11.…
Poche v Ellingworth
[2023] NSWSC 889
Citation 37
(Para 20)
…lear that even complex legal arguments can sometimes be advanced in an application for summary judgment. As an example, I refer to Wickstead v Browne (1992) 30 NSWLR 1.…
Clarke v GEO Australia Pty Limited
[2023] NSWSC 716
Citation 38
(Para 88)
…one defendant may be filled by the evidence to be called by the other defendant when the matter eventually goes to trial. [21] 20. Wickstead v Browne (1992) 30 NSWLR 1; [1992] NSWCA 272. 21. Moussa v Camden Council (2022) 162 ACSR 586 [2022] NSWSC 913 at [59] per Garling J.…
Dimitrovski v Boland
[2023] FCAFC 86
Citation 39
(Para 2)
…the UCPR, Part 13 r 13.4 which is in the following terms: … 11The order of Grove J was interlocutory. This Court decided that in Wickstead v Browne (1992) 30 NSWLR 1 in dealing with the relevantly indistinguishable provisions of Part 13 of the then Supreme Court Rules , citing relevant decisions of the High Court an…
Ahern v Aon Risk Services Australia Limited
[2023] NSWCA 91
Citation 40
(Para 49)
…for the purposes of the question of whether leave to appeal is required under Supreme Court Act 1970 (NSW) , s 102(2)(e). [43] 43. Wickstead v Browne (1992) 30 NSWLR 1 at 11; [1992] NSWCA 272 (Handley Ja and Cripps JA, Kirby P (as his Honour then was) agreeing); Page v McKensey [2004] NSWCA 437 at [30] (Mason P, Hod…
Hadid v Sabouh
[2023] NSWSC 483
Citation 41
(Para 160)
…ere remains the possibility that a sham may be able to be proved from evidence of the respondents if they go into evidence: e.g. Wickstead v Browne (1992) 30 NSWLR 1; [1992] NSWCA 272 at 11G-12C per Handley and Cripps JJA.…
Hooper v Parwan Investments Pty Ltd & Anor (receivers appointed)
[2023] VSC 227
Citation 42
…[31](1992) 30 NSWLR 1, 5 [22].…
Hooper v Parwan Investments Pty Ltd & Anor (receivers appointed)
[2022] VSC 227
Citation 43
…[31](1992) 30 NSWLR 1, 5 [22].…
Kelly v Commonwealth of Australia as represented by Services Australia (formerly the Department of Human Services)
[2023] FCA 69
Citation 44
…1) 82 CLR 497 Walter v Alltools Ltd (1944) 171 LT 371 Wenlock v Moloney [1965] 1 WLR 1238 Wickstead v Browne [1992] 30 NSWCA 272; (1992) 30 NSWLR 1 Williams & Humbert v W & H Trade Marks [1986] AC 368 Wotton v State of Queensland (No 5) [2016] FCA 1457; (2016) 157 ALD 14 Yaraka Holdings Holdings Pty Limited v Ante G…
Vasil v Boland
[2022] NSWSC 1534
Citation 45
…stralia (1992) 175 CLR 514; [1992] HCA 55 Webster v Lampard (1993) 177 CLR 598; [1993] HCA 57 Wickstead v Browne (1992) 30 NSWLR 1 Texts Cited: JD Heydon and MJ Leeming, Jacobs’ Law of Trusts in Australia (8th ed, 2016, LexisNexis) Solicitors Manual (NSW) (LexisNexis) Category: Procedural rulings Parties: Susan Vasil (Plain…
Southey v Australian Press Council
[2022] NSWCATAD 348
Citation 46
…uments or answers on cross examination may lead to the proof of factual matters about which the plaintiff has no direct evidence. (Wickstead v Browne (1992) 30 NSWLR 1). The commonly-stated test of `taking the evidence at its highest' needs to be understood in this context. The evidence that is available to a Tribun…
Haigh v Department of Planning NSW
[2022] NSWSC 1434
Citation 47
(Para 43)
…bringing an application for summary dismissal, the defendant undertakes the burden of establishing that there is no triable issue: Wickstead v Browne (1992) 30 NSWLR 1 at 11. The General Steel test remains the primary touchstone for such an application. The mere fact (if it be the case) that a plaintiff’s prospects…
Ejueyitsi v Thomas & Anor
[2022] NSWDC 490
Citation 48
…accepted the authorities and rulings of this court and the Supreme Court submitted by the plaintiff in particular on the cases of Wickstead v Brown (1992) 30 NSWLR 1 at 11 (Kirby J, Handley J and Cripps) which was unanimously upheld on appeal in the High Court under Justices Dean, Toohey and Gaudron that 6. Where th…
Choi v Secretary, Department of Communities and Justice
[2022] NSWCA 170
Citation 49
…ng an application for summary dismissal, the Defendants undertake the burden of establishing that there is no triable issue: Wickstead v Browne (1992) 30 NSWLR 1 at 11. The General Steel test remains the primary touchstone for such an application. The mere fact (if it be the case) that a plaintiff’s prospects of suc…
Moussa v Camden Council (No.3)
[2022] NSWSC 913
Citation 50
(Para 45)
…not appropriate to entertain a summary dismissal application by the latter defendant, even when there is no clear case against it: Wickstead v Browne (1992) 30 NSWLR 1; [1992] NSWCA 272.…