Haskakis v State of New South Wales [2023] NSWSC 384

Supreme Court New South Wales

Medium Neutral Citation: Haskakis v State of New South Wales [2023] NSWSC 384 Hearing dates: 31 March 2023 Date of orders: 31 March 2023 Decision date: 31 March 2023 Jurisdiction: Common Law Before: Garling J Decision: (1) Defendant's Notice of Motion dated 31 March 2023 is dismissed. (2) Defendant to pay the plaintiff's costs. Catchwords: CIVIL PROCEDURE — summary disposal — dismissal of proceedings — want of due despatch or strike out of statement of claim — where defendant brought a Notice of Motion that the proceedings be dismissed for want of due despatch, or alternatively, that the statement of claim be struck out — where defendant did not have any basis for the relief sought in the Motion — Notice of Motion dismissed Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Limitation Act 1969 Uniform Civil Procedure Rules 2005 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural rulings Parties: George Haskakis (P) State of New South Wales (D) Representation: Counsel: K Balendra (P) S De Costa (D)

Solicitors: Melinda Griffiths Solicitors (P) Norton Rose Fulbright (D) File Number(s): 2021/320814 Publication restriction: Not Applicable

EX TEMPORE JUDGMENT 1. The defendant in these proceedings, the State of New South Wales, by its solicitors, brings a Notice of Motion filed 31 March 2023, in which it seeks the following orders: 1. The proceedings be dismissed pursuant to r 12.7(1) of the Uniform Civil Procedure Rules 2005. 2. In the alternative, pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005, the Statement of Claim filed 11 November 2021 be struck out. 3. The plaintiff pay the defendant's costs. 1. The Motion was heard today. This judgment deals with the Motion.