NSW Caselaw
New South Wales Supreme Court
CITATION : Boumelhem & Anor v NSW Crime Commission & Ors [2006] NSWSC 1413
HEARING DATE(S) : 5 July, 13 November, 20 November 2006
JUDGMENT DATE : 19 December 2006
JURISDICTION : Common Law Division
JUDGMENT OF : Studdert J
DECISION : (1) Order that the proceedings as against the first defendant be dismissed other than on the claim in detinue. (2) In relation to the claim in detinue against the first defendant, leave granted to the first plaintiff to amend the statement of claim so as to assert possession in the first defendant. (3) Leave granted to the first plaintiff to file and serve upon the second, fourth and fifth defendants an amended statement of claim based upon the proposed pleading annexed to the first plaintiff's notice of motion, but reflecting matters addressed in this judgment. (4) The amended statement of claim is to be filed and served within twenty-eight days from today. (5) Order that the first plaintiff pay the first defendant's costs incurred on the first defendant's notice of motion up to 5 July 2006 on an indemnity basis; costs incurred on the first defendant's notice of motion after 5 July 2006 are to be costs in the cause. (6) Order that the costs of the first plaintiff's notice of motion to amend the statement of claim are to be defendants' costs in the cause.
New South Wales Crime Commission Act 1985 Business Franchise Licences (Tobacco) Act 1987 LEGISLATION CITED : Listening Devices Act Supreme Court Rules, Pt 13 r 5 Justices Act Uniform Civil Procedure Rules
Alstom Australia Limited v NAP Acoustics Pty Limited [2004] NSWSC 217 Bhattacharya v State of New South Wales [2002] NSWSC 361 Breheny v Cairncross [2002] NSWCA 69 General Steel Industries Inc. v Commissioner for Railways (NSW) (1964) 112 CLR 125 Ha v State of New South Wales & Ors (1996-1997) 189 CLR 465 CASES CITED : Hope v Evered (1886-87) 17 QBD 338 Myer Stores Limited v Soo (1991) 2 VR 597 Ousley v The Queen (1997-1998) 192 CLR 69 R v Eid (1999) 46 NSWLR 116 Wickstead v Browne (1992) 30 NSWLR 1 Atiyah, Vicarious Liability in the Law of Torts Fleming, Law of Torts
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