Golden v V’landys [2019] NSWSC 1362

Golden v V’landys [2019] NSWSC 1362

The statement of claim was an abuse of process and liable to be struck out because it sought to re-litigate the judicial review and misfeasance claims concerning the 2011 decisions already determined in earlier proceedings, including a warning off decision already quashed. The 2017 licence refusal claim was incomprehensible, significantly out of time, unsupported by any application for extension, and would have no useful purpose because the licence period had expired. The remaining CHAPs-related declarations did not vindicate any private right of Mr Golden and did not disclose a justiciable claim. The pleading also contained extensive irrelevant, scandalous, vague and imprecise...

Jurisdiction
Australia
Judgment Date
16 October 2019
Procedural Posture
Common Law Proceedings for Judicial Review and Misfeasance in Public Office / Defendants' Amended Notice of Motion to Strike Out the Statement of Claim and Dismiss or Permanently Stay the Proceedings
Outcome
Statement of claim struck out and proceedings dismissed with costs.
Legal Topics
['strike Out of Pleadings' 'summary Dismissal' 'abuse of Process' 'judicial Review Out of Time' 'misfeasance in Public Office' 're Litigation of Earlier Proceedings']
['civil Procedure' 'administrative Law' 'torts'] ['strike Out of Pleadings' 'summary Dismissal' 'abuse of Process' 'judicial Review Out of Time' 'misfeasance in Public Office' 're Litigation of Earlier Proceedings']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Common Law Proceedings for Judicial Review and Misfeasance in Public Office / Defendants' Amended Notice of Motion to Strike Out the Statement of Claim and Dismiss or Permanently Stay the Proceedings

Legal Issues

  1. 1 ['Whether the statement of claim should be struck out because it sought to re-litigate the 2011 licence suspension and warning off decisions determined in earlier proceedings.' "Whether the pleading disclosed an arguable basis for judicial review of the February 2017 refusal to renew Mr Golden's trainer's licence despite being commenced outside the prescribed time." 'Whether allegations concerning the CHAPs scheme gave rise to any justiciable private right enforceable by Mr Golden.' 'Whether the statement of claim contained irrelevant, unnecessary, scandalous, vague or imprecise allegations causing prejudice, embarrassment or delay.' 'Whether the proceedings should be dismissed because no reasonable cause of action was disclosed or because they were an abuse of process.']

Ratio Decidendi

The statement of claim was an abuse of process and liable to be struck out because it sought to re-litigate the judicial review and misfeasance claims concerning the 2011 decisions already determined in earlier proceedings, including a warning off decision already quashed. The 2017 licence refusal claim was incomprehensible, significantly out of time, unsupported by any application for extension, and would have no useful purpose because the licence period had expired. The remaining CHAPs-related declarations did not vindicate any private right of Mr Golden and did not disclose a justiciable claim. The pleading also contained extensive irrelevant, scandalous, vague and imprecise...

Court Disposition

Statement of claim struck out and proceedings dismissed with costs.

Orders

  • ['Strike out the statement of claim filed 28 August 2018.' 'Dismiss the proceedings with costs.']