Doueihi v State of New South Wales (No 3) [2022] NSWSC 1403

Supreme Court New South Wales

Medium Neutral Citation: Doueihi v State of New South Wales (No 3) [2022] NSWSC 1403 Hearing dates: 12 October 2022 Date of orders: 17 October 2022 Decision date: 17 October 2022 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. Mr Doueihi is given leave to file the balance of his third amended statement of claim. 2. The usual costs order under the Uniform Civil Procedure Rules is that costs follow the event, in this case that the State bear Mr Doueihi's costs of the motion as agreed or assessed. Unless the parties wish to be heard, that will be the Court's order. Catchwords: CIVIL PROCEDURE — Pleadings — Amendment — where leave to file aspects of third further amended statement of claim has already been granted — whether grant of leave to file balance of third amended statement of claim is statute barred — Limitation Act 1969 (NSW), s 50D — where present case does not fall in category of "clearest of cases" — where state of evidence, facts in issue and legal issues are to be resolved — limitation issue not to be determined on an interlocutory basis in advance of trial — leave granted to file balance of third further amended statement of claim Legislation Cited: Crimes Act 1900 (NSW), ss 307B, 314, 545B, 5482(2), Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 7 Legal Aid Commission Act 1979 (NSW), s 57 Limitation Act 1969 (NSW), ss 50C(1), 50D Law Reform (Vicarious Liability) Act 1983 (NSW), Pt 4 Uniform Civil Procure Rules 2005 (NSW), r 42.1 Cases Cited: Doueihi v New South Wales Police (Supreme Court (NSW), 12 June 2018, unrep) Doueihi v State of New South Wales [2020] NSWSC 1065 Doueihi v State of New South Wales (No 2) [2021] NSWSC 341 Murgolo v AAI Ltd t/as AAMI [2019] NSWCA 295 Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514; [1992] HCA 55 Category: Principal judgment Parties: Mr Peter Doueihi (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr R Perla (Plaintiff) Ms G Mahony (Defendant)