TUXFORD & ORS v STATE OF NEW SOUTH WALES [2006] NSWSC 182

New South Wales Supreme Court

CITATION : TUXFORD & ORS v STATE OF NEW SOUTH WALES [2006] NSWSC 182

HEARING DATE(S) : 12 August 2005

JUDGMENT DATE : 24 March 2006

JUDGMENT OF : Hulme J at 1

DECISION : Orders deferred

Paul Edward Tuxford PARTIES : Raymond James Lambie David William Rope State of New South Wales

FILE NUMBER(S) : SC 20222/04

COUNSEL : Plainitffs: P Semmler QC; N Francey Defendant: J Maconachie QC; D Mallon

SOLICITORS : Plaintiffs: Oates & Smith Defendant: IV Knight

LOWER COURT JURISDICTION : Supreme Court (Master)

LOWER COURT FILE NUMBER(S) : 12023/2003

LOWER COURT JUDICIAL OFFICER : Master Harrison

- 19 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HULME J

Friday, 24 March, 2006

20222/04 Paul Edward TUXFORD AND ORS v STATE OF NEW SOUTH WALES

JUDGMENT 1 HIS HONOUR: In these proceedings 3 Plaintiffs sue on their own behalf and on behalf of others. On 15 April 2004, Master Harrison ordered that these proceedings be transferred from the District Court into this Court. On 27 May 2004 she dismissed a Notice of Motion by the Defendant seeking an order under Part 8 Rule 13 of the Supreme Court Rules that the proceedings not be continued as representative proceedings. By Notice of Motion of 23 June 2004 the Defendant appealed from the Master's decision. 2 In the course of an early hearing consequent on that appeal, Mr Joseph SC who was then appearing for the Plaintiff said that the Defendant had also raised what he called "pleading points". Mr Joseph sought an opportunity of further amending the Statement of Claim. Ultimately, by consent, leave to amend was given and an Amended Statement of Claim filed on 22 June 2005. 3 On 25 July 2005 the Defendant filed a further Notice of Motion seeking orders:-