Gillies v State of New South Wales & Ors [2022] NSWSC 640

Gillies v State of New South Wales & Ors [2022] NSWSC 640

The proceedings were dismissed because the plaintiff's statement of claim did not disclose the conspiracy cause of action he advanced at the hearing, was largely devoid of detail about the alleged transcript doctoring, conspiracy, metadata and effect on the trial, was generally unintelligible and embarrassing, and in any event the alleged cause of action arising in 2006 was prima facie statute barred with no material bringing the claim within s 55 of the Limitation Act 1969 (NSW).

Jurisdiction
Australia
Judgment Date
30 May 2022
Procedural Posture
Common Law Proceedings Involving Pleaded Allegations Including Conspiracy, Malicious Prosecution, Misfeasance in Public Office, Wrongful Imprisonment, Breach of Fiduciary Duty and Negligence / Determination of Three Notices of Motion, Including Defendants' Motions to Dismiss or Strike Out the Statement of Claim and the Plaintiff's Motion Concerning Subpoenas
Outcome
Proceedings dismissed; plaintiff's notice of motion dismissed; costs submissions directed absent agreement.
Legal Topics
['dismissal of Proceedings' 'strike Out of Pleadings' 'no Reasonable Cause of Action' 'frivolous or Vexatious Proceedings' 'abuse of Process' 'conspiracy' 'misfeasance in Public Office' 'malicious Prosecution' 'limitation Period' 'subpoenas']
['practice and Procedure' 'limitation of Actions' 'torts' 'civil Procedure'] ['dismissal of Proceedings' 'strike Out of Pleadings' 'no Reasonable Cause of Action' 'frivolous or Vexatious Proceedings' 'abuse of Process' 'conspiracy' 'misfeasance in Public Office' 'malicious Prosecution' 'limitation Period' 'subpoenas']

Case Brief

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Procedural Posture

Common Law Proceedings Involving Pleaded Allegations Including Conspiracy, Malicious Prosecution, Misfeasance in Public Office, Wrongful Imprisonment, Breach of Fiduciary Duty and Negligence / Determination of Three Notices of Motion, Including Defendants' Motions to Dismiss or Strike Out the Statement of Claim and the Plaintiff's Motion Concerning Subpoenas

Legal Issues

  1. 1 ["Whether the plaintiff's statement of claim disclosed a reasonable cause of action in conspiracy or otherwise." 'Whether the pleadings were unintelligible or embarrassing and liable to be struck out.' 'Whether the proceedings were statute barred under the Limitation Act 1969 (NSW) and whether s 55 applied.' "Whether the plaintiff's subpoena motion became otiose if the proceedings were dismissed."]

Ratio Decidendi

The proceedings were dismissed because the plaintiff's statement of claim did not disclose the conspiracy cause of action he advanced at the hearing, was largely devoid of detail about the alleged transcript doctoring, conspiracy, metadata and effect on the trial, was generally unintelligible and embarrassing, and in any event the alleged cause of action arising in 2006 was prima facie statute barred with no material bringing the claim within s 55 of the Limitation Act 1969 (NSW).

Court Disposition

Proceedings dismissed; plaintiff's notice of motion dismissed; costs submissions directed absent agreement.

Orders

  • ['The proceedings are dismissed.' 'The notice of motion filed by the plaintiff on 23 February 2022 is dismissed.' 'Absent agreement as to costs, the parties are to provide written submissions, not exceeding 1 page in length, within 7 days.']