Flowers v State of NSW [2020] NSWSC 1390

Supreme Court New South Wales

Medium Neutral Citation: Flowers v State of NSW [2020] NSWSC 1390 Hearing dates: 6 October 2020 Date of orders: 14 October 2020 Decision date: 14 October 2020 Jurisdiction: Common Law Before: Bellew J Decision: (1) The notice of motion filed by the plaintiff on 11 September 2020 is dismissed. (2) I reserve the question of costs. (3) I direct each party to provide written submissions as to the appropriate order as to costs within 7 days, such submissions not to exceed two pages in length. (4) I list the matter for directions before the Registrar on 21 October 2020. Catchwords: PRACTICE AND PROCEDURE – Pleadings –Application for leave to further amend statement of claim – Where proceedings had a long history of previous applications – Where further amended statement of claim did not properly plead a cause of action – Where further amended statement of claim was embarrassing – Where there was no explanation for delay in bringing the application – Application refused Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Flowers v State New South Wales [2019] NSWSC 1308 Flowers v State of NSW [2019] NSWSC 1467 Flowers v State of NSW [2020] NSWSC 526 Flowers v State of NSW [2020] NSWSC 883 Gunns Limited v Marr [2005] VSC 251 Category: Procedural and other rulings Parties: Mark Stephen Flowers – Plaintiff State of NSW – Defendant Representation: Counsel: Self-represented – Plaintiff A Williams – Defendant