Monteiro v State of New South Wales [2024] NSWSC 864

Supreme Court New South Wales

Medium Neutral Citation: Monteiro v State of New South Wales [2024] NSWSC 864 Hearing dates: 1 and 12 July 2024 Date of orders: 17 July 2024 Decision date: 17 July 2024 Jurisdiction: Common Law Before: Harrison CJ at CL Decision: (1) Direct Simon Monteiro within 28 days, or such other period as the Court may either by agreement or on the application of the parties or one of them provide, file and serve a statement of claim in accordance with the rules. (2) Direct the defendant, within 28 days following receipt of the statement of claim contemplated by order (1), to serve on Mr Monteiro any request for further and better particulars of the statement of claim as it may be instructed to make. (3) Direct Mr Monteiro to answer the defendant's request for further and better particulars within 28 days of the receipt of the request. (4) Direct the defendant to file and serve its defence to the statement of claim within 14 days of the receipt of Mr Monteiro's answers to its request for further and better particulars. (5) List the proceedings for directions before me by arrangement with my Associate on such date as may be appropriate, and suitable to the Court, having regard to the parties' compliance with order (1) to (4) hereof. (6) Grant liberty to the parties to apply on 48 hours' notice to my Associate and to the other party. (7) Reserve the costs of Mr Monteiro's application to review the order of the Registrar concerning his attempt to issue subpoenas. Catchwords: CIVIL PROCEDURE – subpoenas – application for review of Registrar's decision to refuse leave to issue subpoenas – UCPR 49.19 – where subpoenas proposed to be issued in proceedings seeking revocation of an extended supervision order pursuant to s 13 Crimes (High Risk Offenders) Act 2006 (NSW) – where claim not yet sufficiently pleaded to permit principled decision concerning legitimate forensic purpose Legislation Cited: Crimes (High Risk Offenders) Act 2006, ss 3, 13 Limitation Act 1969 (NSW) UCPR 49.19 Cases Cited: R v Monteiro [2021] NSWDC 340 R v Monteiro [2021] NSWDC 340 State of New South Wales v Kay [2018] NSWSC 1235 State of New South Wales v Mills [2019] NSWSC 298 State of New South Wales v Schmidt (Preliminary) [2019] NSWSC 52 The State of New South Wales v Monteiro (Final) [2020] NSWSC 881 Category: Procedural rulings Parties: Simon Monteiro (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: R McEwen (Defendant)