An accountant with ties to the NSW horse racing industry has failed in his bid to sue federal Agriculture Minister David Littleproud after a judge found the case was "hopeless".
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"Many of the paragraphs of the pleading convey no coherent meaning and are so unintelligible as to embarrass the defendant, in the sense that he cannot know what is alleged against him," Associate Justice Joanne Harrison said as she dismissed the Supreme Court lawsuit on Friday.
Joseph Golden's statement of claim, filed in July 2018, contained "irrelevant comments rather than facts" and unsupported allegations against third parties of dishonesty, wide-ranging fraud and misconduct, the judge said.
This included alleging mismanagement by Racing NSW of the 2007 Commercial Horse Assistance Payments Scheme, which provided financial assistance for those affected by the equine influenza outbreak.
Mr Golden claimed he received a decade of inadequate responses about his CHAPS concerns from public authorities and individuals including Mr Littleproud's predecessors.
The Grafton-based horse trainer pleaded that the minister "continues CHAPS fraud cover-up".
He has a history of court proceedings against Racing NSW and its chief executive Peter V'landys.
Associate Justice Harrison said Mr Golden's attempt to "relitigate the same claim of misfeance in public office" against Mr Littleproud, in lieu of Mr V'landys in previous matters, constituted an abuse of the court's process.
Mr Golden had been seeking up to $5 million in damages. However, Associate Justice Harrison could not find any recognised cause of action for such a claim.
"The losses claimed appear to relate to the decisions in 2011 to permanently warn the plaintiff off (Racing NSW) racetracks and to suspend his licence, conduct for which the defendant cannot be held liable," she said.
Most of Mr Golden's claims related to events before Mr Littleproud's cabinet appointment.
"The plaintiff's case against the defendant for actions prior to December 20, 2017 ... is hopeless," the judge said.
"It cannot possibly succeed, so these claims should be dismissed."
Mr Golden has been ordered to pay the minister's costs and was not granted the opportunity to replead.
Australian Associated Press
