Armstrong v State of New South Wales [2021] NSWSC 797

Supreme Court New South Wales

Medium Neutral Citation: Armstrong v State of New South Wales [2021] NSWSC 797 Hearing dates: 30 June 2021 Date of orders: 30 June 2021 Decision date: 30 June 2021 Jurisdiction: Common Law Before: Walton J Decision: The Court grants the application for expedition. Catchwords: CIVIL PROCEEDINGS – personal injury – expedition – hardship – loss of proceedings – orders made Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Greetings Oxford Koala Hotel Pty Ltd v Oxford Square Investments Pty Ltd (1989) 18 NSWLR 33 Vaughan v Dawson [2005] NSWSC 33 Category: Procedural rulings Parties: Brett Armstrong (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: E Chrysostomou (Plaintiff)

Solicitors: Benjamin Leonardo Criminal Defence Lawyers (Plaintiff) Makinson d'Apice Lawyers (Defendant) File Number(s): 2019/59287

Judgment 1. HIS HONOUR: The plaintiff, Mr Brett Armstrong, moves on the notice of motion filed 3 June 2021 ("the application") and reads the affidavit of Pasquale Centraco, sworn 3 June 2021 and the plaintiff, sworn 9 June 2021. The application is for expedition. 2. The application is consented to by the defendant, the State of New South Wales ("the State"), without admission as to the merits of the application. A further reservation was raised, however, by the solicitor for the defendant, Mr N Regener, that expedition should be subject to the availability of counsel (that contention dissipated, to some extent, during the course of the hearing).