Bottrill v Graham & Anor (No 2)

Fabricated: Case Law | "All of the judgments and rules referred to in the submissions of 21 May 2025 were misstated, non-existent, or both" Outcome: The second defendant's Notice of Motion for summary dismissal of the plaintiff’s claim was dismissed, with costs reserved to the trial judge.. "When the parties came before the court on 22 May 2025, there had been little time for the plaintiff, the first defendant and the court to examine the second defendant’s written submissions served late on the night before. It was nevertheless immediately apparent that the second defendant sought to rely upon authority and court rules which were not merely misstated but, in some circumstances, imaginary. I am satisfied that all of the judgments and rules referred to in the submissions of 21 May 2025 were misstated, non-existent, or both, and that Gen AI had been used to prepare these submissions.An example was the citation of a decision of the Supreme Court of New South Wales described as “Wu v Wilks” (I will not provide the citation given in full, as there is a risk of it being picked up as genuine by other Gen AI: Luck v Secretary, Services Australia [2025] FCAFC 26 at [14]). There is no decision with this name, either in the Supreme Court of New South Wales or in any other jurisdictions. The caselaw citation given for “Wu v Wilks” belonged to a judgment on wholly unrelated material and the principles of law for which it was cited. All of the citations suffered similar problems.I drew these issues to the attention of the second defendant and enquired whether she had used Gen AI in the preparation of her submissions and, if so, whether she was aware of the Practice Note. She acknowledged that she had done so but said this was because she had very little time to provide submissions in reply and was deeply distressed by these proceedings"