Zaghloul v Woodside Energy Limited

Dr Hassan Zaghloul brought two applications against Woodside Energy Limited, seeking to extend the time for leave to appeal and to appeal against certain decisions of Gilmour J, and for the proceeding to be transferred to a different docket. The applications were dismissed by Barker J, who found that the reasons for the initial decisions of Gilmour J were sound and not attended by doubt. Barker J also concluded that the applications were an abuse of process, as they were motivated by unsubstantiated allegations of misconduct, conspiracy, and bias against Gilmour J and other court officials. Barker J ordered indemnity costs against Zaghloul for both applications and suppression and non-publication orders in relation to the affidavits and transcript of the hearing. The orders were made on the basis that the unfounded allegations were scandalous and would prejudice the proper administration of justice if published.

Barker J dismissed the applications for extension of time and leave to appeal on the basis that the grounds for appeal were not made out and that the appeal would have no merit. Barker J also dismissed the application for leave to appeal the refusal to transfer the proceeding to the New South Wales district registry, finding that it was an abuse of process for Zaghloul to again apply for a transfer on the same grounds as before. Barker J found that there was no doubt about the primary decision and that no injustice would arise from refusal of leave.

Barker J ordered indemnity costs against Zaghloul for both applications, as the applications were bound to fail and were primarily motivated by unsubstantiated allegations against Gilmour J and court officials. Barker J also made suppression and non-publication orders in relation to the affidavits and transcript, finding that the unfounded allegations were scandalous and would prejudice the proper administration of justice if published.

The Court ordered that the interlocutory applications of Zaghloul filed in WAD492/2013 and WAD40/2014 be dismissed with indemnity costs, to be taxed if not agreed. The Court also made suppression and non-publication orders in respect of the three affidavits made and filed by Zaghloul and the transcript of the hearing before the Court on 28 March 2014.