NSW Caselaw
Reported Decision : 10 DCLR (NSW) 176
New South Wales District Court
CITATION: Baker-Morrison v State of NSW [2010] NSWDC 45
HEARING DATE(S): 4 March 2010
JUDGMENT DATE: 12 March 2010
JURISDICTION: District Court - Civil
JUDGMENT OF: Truss DCJ
DECISION: 1. Para [19] of the defence filed on 28 October 2009 be struck out. 2. The defendant pay the plaintiff's costs of the motion (including fees for senior counsel). The Court notes that the claim for indemnity costs is not pressed.
CATCHWORDS: Res judicata - Limitation - Final decision - Separate question
Civil Liability Amendment (Personal Responsibility) Act 2002 LEGISLATION CITED: Evidence Act 1995 Limitation Act 1969 Uniform Civil Procedure Rules 2005
Baker-Morrison v State of NSW [2009] NSWCA 35 Chanel Ltd v FW Woolworth & Co Ltd [1981] 1 WLR 485 CASES CITED: Fidelitas Shipping Co Ltd v V/O Exportchleb [1996] 1 QB 630 Guthrie v Spence [2009] NSWCA 369 O'Toole v Charles David Pty Ltd (1990-1991) 171 CLR 232 Rojo Building Pty Limited v Jillcris Pty Ltd [2006] NSWSC 649
TEXTS CITED: Spencer Bower, G & Handley, KR 2009, Res Judicata, 4th ed, LexisNexis UK
PARTIES: Shakyra Baker-Morrison by her next friend Alicia Baker (Plaintiff/Applicant) State of NSW (Defendant/Respondent)
FILE NUMBER(S): 262/10
COUNSEL: Mr L King SC and R Quickenden (Plaintiff/Applicant) Mr P Menzies QC and G Bateman (Defendant/Respondent)
SOLICITORS: John Ryan Solicitor (Plaintiff/Applicant) Crown Solicitor's Office (Defendant/Respondent)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate