"AN" v State of NSW [2003] NSWSC 100

New South Wales Supreme Court

CITATION : "AN" v State of NSW [2003] NSWSC 100 HEARING DATE(S) : 19 February 2002 JUDGMENT DATE : 3 March 2003 JURISDICTION: 13923/1992 JUDGMENT OF : Master Harrison DECISION : (1) The balance of the ASC filed 10 February 1993 is dismissed; (2) The plaintiff is to pay the defendant's costs of the motion and of the proceedings.

CATCHWORDS : Dismissal of proceedings - want of prosecution LEGISLATION CITED : Supreme Court Rules - Part 33 Limitation Act 1969 (NSW) CASES CITED : Hoser v Hartcher [1999] NSWSC 527 Gill v Eatts & Ors (1999) Aust Torts Reports 81-529 "AN" (Plaintiff) PARTIES : State of New South Wales (Defendant) FILE NUMBER(S) : SC 13923/1992 COUNSEL : Ms I Ryan (Defendant) No Appearance for the plaintiff

SOLICITORS : Ms G Fuller Crown Solicitor's Office (Defendant)

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IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MASTER HARRISON

MONDAY, 3 MARCH 2003

13923/ 1992 - "AN" v STATE OF NEW SOUTH WALES

JUDGMENT (Dismissal of proceedings - want of prosecution) 1 MASTER: By notice of motion filed 25 February 2002, the defendant seeks an order that these proceedings be dismissed or alternatively stayed for want of prosecution pursuant to Part 33 r 6 of the Supreme Court Rules (SCR). The defendant relied on the affidavit of Gillian Fuller affirmed 13 March 2000 and 22 February 2002. As the plaintiff did not appear at the hearing, the court has taken into account an affidavit by him sworn and declared on 13 September 2000 and a report by Dr Peter Anderson dated 17 May 2001 (Ex A on 3 April 2002).