NSW Caselaw
New South Wales Supreme Court
CITATION : James v State of NSW [2005] NSWSC 844
HEARING DATE(S) : 17 August 2005
JUDGMENT DATE : 29 August 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) Paragraph 51M (g) and (h) of the FASC are struck out; (2) Costs of the motion are reserved; (3) The matter is to be listed for a status conference as soon as possible. The court is to notify the parties.
CATCHWORDS : Strike out paragraphs of further amended statement of claim - malicious prosecution
Justices Act 1902 (NSW) - s 41(2) LEGISLATION CITED : Uniform Civil Procedure Rules 2005 - r 15.4
East-West Airlines (Operations) Ltd v Commonwealth of Australia & Ors (1983) 49 ALR 323 Fox v Wood (Harrow) Ltd [1963] 2 QB 601 Little v Law Institute of Victoria (No 3) [1990] VR 257 CASES CITED : Mitchell v John Heine & Sons Limited (1983) 38 SR (NSW) 466 Sunraysia Natural Beverage Co Pty v NSW [2002] NSWSC 275 Wickstead v Browne (1992) 30 NSWLR 1
Ralph Scott James (Plaintiff) PARTIES : State of New South Wales (Defendant)
FILE NUMBER(S) : SC 20117/2002
Mr G Nell (Plaintiff) COUNSEL : Mr M Hutchings (Defendant)
Mr D James, Ebsworth & Ebsworth (Plaintiff)
SOLICITORS : Ms L Tretheway, Crown Solicitor (Defendant)
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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