Geagea v The New South Wales Ministerial Corporation [2004] NSWSC 232

New South Wales Supreme Court

CITATION : Geagea v The New South Wales Ministerial Corporation [2004] NSWSC 232 HEARING DATE(S) : 18 March 2004 JUDGMENT DATE : 30 March 2004 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass DECISION : The plaintiff's Notice of Motion is dismissed. The plaintiff is to pay the costs of the Notice of Motion. I order that paragraphs 11-14 of the statement pursuant to Pt 33 r 8A filed on 21 August 2003 be struck out. The plaintiff is to pay the costs of the application. The Exhibits may be returned.

CATCHWORDS : Leave to amend - aggravated damages and negligence - exemplary damages - substantive punishment - adequacy of particulars - striking out of matter in a document - irrelevant material in Part 33 rule 8A statement and matters that should be specifically pleaded. LEGISLATION CITED : Motor Vehicles (Third Party Insurance) Act 1942, s 35B, s 35C. Supreme Court Rules 1970, Pt 16 rules 5A and 5B, Pt 33 r 8A, r 8A (2), r 8A (2) (d) (vi), Pt 65 r 5. Gray v Motor Accident Commission [1998] HCA 70. CASES CITED : Hunter Area Health Service v Marchlewski (2000) 51 NSWLR 268. Lamb v Cotogno (1987) 164 CLR 1. John Geagea (Plaintiff) PARTIES : v The New South Wales Ministerial Corporation (formerly the Government Insurance Office of New South Wales) (Defendant) FILE NUMBER(S) : SC 15305 of 1985 COUNSEL : N/A (Plaintiff) Maurice Neil QC/Mr I McGillicudy (Defendant) SOLICITORS : T D Kelly & Co (Plaintiff) J M Crestani (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION