Westwood v Gulliver & Ors [2024] NSWSC 1323

Westwood v Gulliver & Ors [2024] NSWSC 1323

There was no reasonable cause of action disclosed against any defendant due to deficiencies in pleadings and underlying facts, absence of duty of care, absence of contractual relationships, and lack of causation; claims were untenable, and proceedings dismissed under UCPR r 13.4.

Parties
Plaintiff: Nicholas Westwood; First Defendant: Samantha Gulliver, Legal Services Commissioner; Second Defendant: Bernie Gross; Third Defendant: NSW Bar Association; Fourth Defendant: The Independent Commission Against Corruption; Fifth Defendant: GH Healey & Co.
Jurisdiction
Australia
Judgment Date
22 October 2024
Procedural Posture
Civil / Final Judgment on Defendants' Summary Dismissal Applications
Outcome
Proceedings dismissed; plaintiff to pay each defendant's costs.
Legal Topics
Summary Dismissal, Professional Negligence, Duty of Care, Breach of Contract, Frivolous and Vexatious Proceedings, Self Represented Litigant
Practice and Procedure Summary Dismissal Professional Negligence Duty of Care Breach of Contract Frivolous and Vexatious Proceedings Self Represented Litigant

Case Brief

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Parties

Nicholas Westwood

Plaintiff

Samantha Gulliver, Legal Services Commissioner

First Defendant

Bernie Gross

Second Defendant

NSW Bar Association

Third Defendant

The Independent Commission Against Corruption

Fourth Defendant

GH Healey & Co.

Fifth Defendant

Procedural Posture

Civil / Final Judgment on Defendants' Summary Dismissal Applications

Legal Issues

  1. 1 Whether any reasonable cause of action is disclosed against each defendant
  2. 2 Whether the proceedings are frivolous, vexatious, or an abuse of process
  3. 3 Whether the Statement of Claim is embarrassing or unintelligible

Ratio Decidendi

There was no reasonable cause of action disclosed against any defendant due to deficiencies in pleadings and underlying facts, absence of duty of care, absence of contractual relationships, and lack of causation; claims were untenable, and proceedings dismissed under UCPR r 13.4.

Court Disposition

Proceedings dismissed; plaintiff to pay each defendant's costs.

Orders

  • The bundle of 68 emails sent by the plaintiff to the Chambers of Faulkner J between 24 July and 9 October 2024 be adduced into evidence on the defendants' summary dismissal applications and marked Exhibit 2.
  • The bundle of 336 pages of unpaginated documents provided by the plaintiff to the Chambers of Faulkner J on 26 July 2024 be adduced into evidence on the defendants' summary dismissal applications and marked Exhibit 3.