Supreme Court
New South Wales
Medium Neutral Citation: Young v Racing NSW Limited and ors [2021] NSWSC 556 Hearing dates: 17 May 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Common Law Before: Bellew J Decision: (1) The proceedings brought by the plaintiff against each of the first, second, third, fourth, fifth, sixth and seventh defendants are dismissed.
(2) The Registrar is to forward a copy of this judgment to the plaintiff.
(3) The question of the costs of the proceedings are reserved.
(4) Absent agreement, each party is to provide written submissions to my Associate within 14 days as to the question of costs, such submissions not to exceed 2 pages in length.
Catchwords: PRACTICE AND PROCEDURE – Pleadings – Whether reasonable cause of action disclosed – Whether proceedings constituted an abuse of process – Where plaintiff commenced had proceedings in the District Court – Where those proceedings were dismissed – Where plaintiff did not seek to appeal against that decision – Where plaintiff then commenced proceedings in this Court – Where the effect of those proceedings was to re-agitate the determination of the District Court in the guise of an action in negligence – Where the plaintiff complained of discrimination in the conduct of the proceedings in the District Court – Review of transcript of those proceedings at odds with a complaint of discrimination and at odds with a complaint of a denial of procedural fairness – Where statement of claim did not disclose a cause of action against any defendant – Where proceedings were otherwise an abuse of process – Proceedings dismissed
Legislation Cited: Civil Procedure Act 2005 (NSW)
Disability Discrimination Act 1992 (Cth)
Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited: D’Orta-Ekeniake v Victoria Legal Aid (2005) 223 CLR 1; [2005] HCA 12
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69
Haines v Australian Broadcasting Corporation (1995) 43 NSWLR 404; [1995] NSWSC 136
Reichel v Macgrath [1889] 14 App Cas 665
Walton v Gardiner (1993) 177 CLR 378; [1993] HCA 77
Category: Procedural rulings Parties: Gary Young – Plaintiff
Racing NSW Limited/Racing NSW Country Limited – First Defendant
Casino Race Club Limited – Second Defendant
Richmond Valley Council – Third Defendant
State of New South Wales – Fourth Defendant
District Court of NSW – Fifth Defendant
YPOL Pty Limited – Sixth Defendant
SWAAB – Seventh DefendantRepresentation: Counsel:
Solicitors:
Self-represented – Plaintiff
B McClintock SC and G Ng – First, Second, Third, Sixth and Seventh Defendants
G Bateman – Fourth and Fifth Defendants
Self-represented – Plaintiff
Swaab – First, Second, Third, Sixth and Seventh Defendants
Crown Solicitor for NSW – Fourth and Fifth Defendants
File Number(s): 2020/290023 Publication restriction: Nil
Judgment
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Before the Court for determination are two notices of motion.
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The first notice of motion is dated 23 December 2020 and has…
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- Case
- [2021] NSWSC 556
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the plaintiff's new proceedings were an abuse of process and whether the statement of claim effectively disclosed a cause of action. The court considered whether the plaintiff's claims were essentially a re-litigation of the previously dismissed District Court proceedings, and whether the plaintiff's allegations of discrimination and procedural unfairness in the District Court were substantiated. The court also assessed whether the plaintiff's new claims in negligence were an attempt to circumvent the earlier dismissal by re-framing the issues in a different legal context.
The Supreme Court found that the plaintiff's new proceedings amounted to an abuse of process. The court held that the plaintiff's claims were an attempt to re-litigate the same issues that had been decided against him in the District Court, and that the statement of claim did not disclose a cause of action in negligence. The court noted that the plaintiff's complaints of discrimination and procedural unfairness were not supported by the record of the District Court proceedings. Consequently, the court dismissed the plaintiff's claims and found that the proceedings were an abuse of process.
As a result, the court ordered that the plaintiff's claims be dismissed with costs. The court emphasised that the plaintiff's attempt to re-litigate the same issues in a different court and under a different legal guise was an abuse of the judicial process. The court also noted that the plaintiff had not demonstrated that the previous dismissal was unjust or that there were new grounds for relief.
Orders
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Background
Background to the litigation
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Evidence Before The Court
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Decision
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