NSW Caselaw
New South Wales Supreme Court
CITATION : "AZ" v "DQ" as Legal Personal Representative of the Estate of the late "PC" deceased & Anor [2003] NSWSC 1108 HEARING DATE(S) : 20 November 2003 JUDGMENT DATE : 28 November 2003 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass DECISION : The Notice of Motion is dismissed. The plaintiff is to pay the costs of the Notice of Motion.
CATCHWORDS : Review and fresh application - interrogatories and limitation extension application - necessary and the Boyle approach - fishing expedition - oppressiveness. LEGISLATION CITED : Supreme Court Rules 1970 Pt 24, r 1, r 5 subrule (1) and (2). Beaufort Air-Sea Equipment Pty Ltd v Emhart Australia Pty Ltd BC9203284 - NSWSC 18 December 1992. Boyle v Downs [1979] 1 NSWLR 192. CASES CITED : Markovic v Northern Sydney Area Health Service & Anor [2001] NSWSC 252. New South Wales v Lepore (2003) 77 ALJR 558. Yamazaki v Mustaca [1999] NSWSC 1083. "AZ" (Plaintiff) PARTIES : v "DQ" as Legal Personal Representative of the Estate of the late "PC" deceased (First Defendant) State of New South Wales (Second Defendant) FILE NUMBER(S) : SC 20013 of 2002 B Donovan QC (Plaintiff) COUNSEL : N/A (First Defendant) Mr Greg Moore (Second Defendant) Carroll & O'Dea (Plaintiff) SOLICITORS : N/A (First Defendant) I V Knight - Crown Solicitor (Second Defendant)
LOWER COURT Supreme Court JURISDICTION : LOWER COURT 20013 of 2002 FILE NUMBER(S) : LOWER COURT Assistant Registrar Howe JUDICIAL OFFICER :
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