Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29:

1. WARD P: I agree with Payne JA.

2. PAYNE JA: The appellant, Mr Golden, brought proceedings in the Common Law Division of the Supreme Court against the respondents, the former Prime Minister of Australia, Mr John Howard, and a current Minister, Mr Tony Burke, making various allegations about the administration of the Commercial Horse Assistance Payment Scheme ("CHAPS"). CHAPS was established by the Commonwealth Government in 2007 for the purposes of providing compensation to horse trainers and horse owners adversely affected by Equine influenza virus. CHAPS was introduced by the government led by Mr Howard, prior to the election in 2007 and continued by the Government which replaced Mr Howard's government, in which Mr Burke was a Minister.

3. By notice of motion filed on 24 April 2023, the respondents sought orders dismissing the proceedings and against Mr Golden under the Vexatious Proceedings Act 2008 (NSW). In Golden v Howard [2023] NSWSC 1418, Wright J dismissed proceedings brought by Mr Golden against the same respondents as an abuse of process and vexatious pursuant to r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW) ("UCPR"). In this Court, Mr Golden complained that Wright J failed to address two notices of motion he had filed, one seeking a jury trial and one seeking extensive discovery. As the respondents correctly pointed out, however, Wright J determined to deal first with their application to dismiss the whole proceedings. On the correct construction of Wright J's order dismissing the proceedings, any earlier notices of motion filed by Mr Golden in the proceedings were also thereby dismissed. On 6 December 2023, Wright J made the following orders:

"1. The Plaintiff is to pay the Defendants' costs of the Notice of Motion filed on 24 April 2023 insofar as it related to the application for summary dismissal, including the cost of the hearing on 21 August 23, and the cost of the proceedings generally apart from costs on the Notice of Motion filed 24 April 2023 relating to the application under the Vexatious Proceedings Act 2008 (NSW).

2. By 22 December 2023 the Defendants are to file and serve:

a. written submissions and supporting evidence in relation to the orders as to costs sought in prayers 6 and 7 of their Notice of Motion dated 24 April 2023 (Defendants' Motion);

...

3. By 24 January 2024 the Plaintiff is to file and serve:

a. written submissions in relation to the orders as to costs sought in prayers 6 and 7 of the Defendants' Motion; and

...

The Court notes that:

5. The parties agree that the gross sum costs application in prayers 6 and 7 of the Notice of Motion dated 24 April 2023 can be dealt with on the papers."

4. In Golden v Howard (No 2) [2024] NSWSC 172, Wright J made a gross sum costs order in respect of the proceedings.

5. As I have said, in the motion filed on 24 April 2023, the respondents also sought orders under the Vexatious Proceedings Act prohibiting Mr Golden from instituting further proceedings relating to the same subject matter without leave. In order to avoid any potential perception of pre-determination, Wright J decided first to determine the summary dismissal application. The application for orders under the Vexatious Proceedings Act was deferred to a later time. There was no objection by any party to Wright J taking that course.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196f0b84a1e281c65c2cf0ca)

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