Pitchuev v State of New South Wales [2023] NSWDC 592

District Court New South Wales

Medium Neutral Citation: Pitchuev v State of New South Wales [2023] NSWDC 592 Hearing dates: 10 November 2023 Date of orders: 10 November 2023 Decision date: 10 November 2023 Jurisdiction: Civil Before: Neilson DCJ Decision: 1. I grant leave to the Plaintiff to file and serve an amended SOC in the form of the revised amended SOC annexure "C" Affidavit of Wilson Tighe of 30 October 2023 subject to an appropriate amendment to par 2(b) within 14 days. 2. I vacate the hearing date of 27 November 2023. 3. I grant leave to the NSW Crown Solicitors Office to take over carriage of the matter on behalf of the Defendant. 4. I order the Plaintiff to pay the costs of the Notice of Motion and the costs thrown away from the vacation of the hearing date of 27 November 2023. 5. I order the Plaintiff to pay the costs thrown away from the amendment in par [1]. 6. Stood over before the Judicial Registrar 3 weeks from today. Catchwords: CIVIL – PRACTICE AND PROCEDURE – Amendment to Statement of Claim to add Defendant's vicarious liability for alleged wrongdoing by the Office of the Director of Public Prosecutions – If allowed, necessary to adjourn 7 days – Fixed for hearing in near future – If amendment not made, Plaintiff might be unsuccessful in his claim for malicious prosecution – Amendment necessitated a change of solicitors for Defendant because of Government policy – Costs of motion and adjournment granted to Defendant as application made very late. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Nil. Texts Cited: Nil. Category: Procedural rulings Parties: Plaintiff – Michael Pitchuev Defendant – State of New South Wales Representation: Plaintiff – Ms Goodhand Defendant – Mr Buterin File Number(s): 2022/00143115 Publication restriction: Nil.