Golden v Howard & Anor [2024] NSWSC 1229

Golden v Howard & Anor [2024] NSWSC 1229

The proceedings disclosed no reasonable cause of action against the defendants; the claims were unparticularised, vague, and based on facts previously litigated and determined to lack merit. The proceedings were found to be frivolous, vexatious, and an abuse of process, justifying summary dismissal and a vexatious proceedings order.

Parties
Plaintiff: Joseph Paul Golden; First Defendant: John Howard; Second Defendant: Tony Burke
Jurisdiction
Australia
Judgment Date
01 October 2024
Procedural Posture
Civil Procedure Frivolous or Vexatious Proceedings Costs / Summary Dismissal Application and Vexatious Proceedings Order
Outcome
Proceedings dismissed; vexatious proceedings order made; costs to the defendants; directions for fixing costs as a gross sum.
Legal Topics
Vexatious Proceedings, Summary Dismissal, Costs, Declaratory Relief
Civil Procedure Vexatious Proceedings Summary Dismissal Costs Declaratory Relief

Case Brief

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Parties

Joseph Paul Golden

Plaintiff

John Howard

First Defendant

Tony Burke

Second Defendant

Procedural Posture

Civil Procedure Frivolous or Vexatious Proceedings Costs / Summary Dismissal Application and Vexatious Proceedings Order

Legal Issues

  1. 1 Whether the proceedings disclose a reasonable cause of action against the defendants
  2. 2 Whether the proceedings are frivolous or vexatious or an abuse of process
  3. 3 Whether the plaintiff should be subject to a vexatious proceedings order

Ratio Decidendi

The proceedings disclosed no reasonable cause of action against the defendants; the claims were unparticularised, vague, and based on facts previously litigated and determined to lack merit. The proceedings were found to be frivolous, vexatious, and an abuse of process, justifying summary dismissal and a vexatious proceedings order.

Court Disposition

Proceedings dismissed; vexatious proceedings order made; costs to the defendants; directions for fixing costs as a gross sum.

Orders

  • The whole of proceedings be dismissed, pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 13.4(1).
  • Pursuant to s 8 of the Vexatious Proceedings Act 2008 (NSW), the plaintiff, Joseph Golden, is prohibited from instituting proceedings in New South Wales relating to CHAPS or similar facts without leave of the Court.