Wang v State of New South Wales

Supreme Court of NSW|2019-10-01|Before: Adamson J, Harrison J

Solicitors: Crown Solicitor's Office (First Defendant) Colin Biggers & Paisley (Second Defendant) File Number(s): 2019/227867

Introduction

By notice of motion filed on 7 September 2019, the State of New South Wales (the first defendant) seeks orders pursuant to s 61(2)(c) of the Civil Procedure Act 2005 (NSW) and the Uniform Civil Procedure Rules 2005 (NSW) (UCPR), r 2.1 and the inherent jurisdiction of the Court. The orders sought include orders that the plaintiff's motion filed on 23 September 2019 be stood over to be heard with the motions already fixed for hearing on 30 October 2019; and that until 31 October 2019 any further application by the plaintiff in these proceedings be made only with leave granted by the Registrar, a common law duty judge or other judge of the Supreme Court. The first defendant also seeks an order that, until 31 October 2019, the registry not accept the filing online or in person of any notice of motion from the plaintiff in these proceedings without leave having been granted in accordance with that order. An order is also sought that the plaintiff pay the first and second defendants' costs of the notice of motion.

The present application

On 27 September 2019 the first defendant filed the motion which I referred to at the outset of the proceedings seeking, as I have said, a prohibition on any further applications by the plaintiff without leave until 31 October 2019, being the day following the hearing date allocated for all of the motions filed to date in the proceedings.
As I have said, the plaintiff's husband sought leave to appear on her behalf. I propose to grant that leave for the purposes of the hearing of the first defendant's notice of motion. The plaintiff, through her husband, made various submissions about the legality of various procedural acts by the first and second defendants and by the Court. For example, the plaintiff challenged the date of filing of the notices of appearance. Furthermore, it is said that because the notice of motion was signed by a solicitor employed by the Crown Solicitor and not by the Crown Solicitor herself that the first defendant's notice of motion was irregular and invalid and ought not be accepted. Matters of that variety have been raised by the plaintiff and several instances have been referred to. A substantial number of portions of the UCPR have been referred to by the plaintiff in her submissions in opposition to the first defendant's notice of motion.

Consideration

It is important in dealing with matters such as these to recall the principles of case management to facilitate the just, quick and cheap resolution of the issues in dispute in the conduct of proceedings in this Court.
For the plaintiff to file not only two but three notices for summary judgment would, on its face, appear to be an abuse of the processes of this Court. Such multiplication necessarily requires other parties, such as the first and second defendant, to expend costs in attending court at the return of those notices of motion and also to take the proactive step, as the first defendant has done, of seeking an order to prohibit any further applications, having regard to the hearing date which has already been allocated. It is inimical to the interests of justice and deleterious to the administration of justice for several applications to be on foot which seek the same thing. It takes the time of duty judges which could otherwise be used to hear other matters in the list. It causes disruption to the list and involves an element of queue-jumping over other litigants who have their matters before this Court.
I am satisfied on the basis of the submissions made by Mr Le Plastrier, who appears on behalf of the first defendant, which were supported by Mr McManus, who appears on behalf of the second defendant, that it is appropriate to make the orders sought in the notice of motion. The matter will come before this Court for hearing on 30 October 2019. To the extent to which the plaintiff does not regard this as being soon enough she needs to appreciate that her matter must take its place in a queue with other matters in the list. The plaintiff is not entitled to any greater priority than is reflected by the allocation of the hearing date on 30 October 2019.

Costs

The first defendant seeks an order that the plaintiff pay the first and second defendants' costs of this motion. It seems to me that there is no reason why costs ought not follow the event in accordance with the general rule: UCPR, r 42.1. Before making that order I gave the plaintiff an opportunity to make submissions as to why the usual order for costs ought not be made in this case. The plaintiff was unable to articulate any reason why the general rule that costs ought to follow the event ought not apply.
For the foregoing reasons I make orders in terms of prayers 1, 2, 3, and 4 of the first defendant's notice of motion filed on 27 September 2019. I stand the proceedings over to 30 October 2019 for the hearing of the motions in accordance with the directions made by the Registrar on 10 September 2019.

Orders 1. The plaintiff's motion filed on 23 September 2019 is stood over to be heard with the motions already fixed for hearing on 30 October 2019. 2. Until 31 October 2019, any further application by the plaintiff in proceedings 2019/227867 may be made only with leave granted by the Registrar, Common Law duty judge or other judge of the Supreme Court. 3. Until 31 October 2019, the Registry is not to accept for filing, online or in person, any notice of motion from the plaintiff in proceedings 2019/227867 without leave being granted in accordance with order (2). 4. Order the plaintiff to pay the first and second defendants' costs of this motion.

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 02 October 2019

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