Batterham v Goldberg [2023] NSWCA 237

Batterham v Goldberg [2023] NSWCA 237

Applicant did not identify any issue of principle or error by the primary judge warranting leave to appeal; claims were a re-litigation of matters conclusively adjudicated, barred by issue estoppel and res judicata. Allegations regarding the Legal Profession Act had no arguable basis and had, in substance, been determined in prior proceedings.

Parties
Applicant: James Batterham; First Respondent: Terence Goldberg; Second Respondent: Armando Gardiman; Third Respondent: Thady Blundell
Jurisdiction
Australia
Judgment Date
06 October 2023
Procedural Posture
Appeal (application for Leave) / Application for Leave to Appeal Dismissed
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Summary Dismissal, Vexatious Proceedings, Abuse of Process, Leave to Appeal, Costs Assessment, Issue Estoppel, Res Judicata
Civil Procedure Bankruptcy Legal Profession Summary Dismissal Vexatious Proceedings Abuse of Process Leave to Appeal Costs Assessment +2 more

Case Brief

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Parties

James Batterham

Applicant

Terence Goldberg

First Respondent

Armando Gardiman

Second Respondent

Thady Blundell

Third Respondent

Procedural Posture

Appeal (application for Leave) / Application for Leave to Appeal Dismissed

Legal Issues

  1. 1 Whether leave to appeal should be granted from summary dismissal of proceedings as vexatious and abuse of process
  2. 2 Whether primary judge failed to address alleged breaches of Legal Profession Act 2004 (NSW) in relation to submission of costs invoice

Ratio Decidendi

Applicant did not identify any issue of principle or error by the primary judge warranting leave to appeal; claims were a re-litigation of matters conclusively adjudicated, barred by issue estoppel and res judicata. Allegations regarding the Legal Profession Act had no arguable basis and had, in substance, been determined in prior proceedings.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Summons seeking leave to appeal dismissed.
  • Applicant to pay respondents' costs.