NSW Caselaw
New South Wales Supreme Court
CITATION : Turner v State of New South Wales & Anor [2007] NSWSC 1081
HEARING DATE(S) : 14 September 2007
JUDGMENT DATE : 3 October 2007
JUDGMENT OF : Harrison J
DECISION : See paragraphs 25 - 27 (inclusive).
CATCHWORDS : CIVIL PROCEDURE - UCPR 14.28 - application for strike out or orders for provision of proper answers to particulars - claim by plaintiff for malicious prosecution, wrongful arrest and false imprisonment against former employer - detailed request for particulars by defendants requiring over 200 responses - proper purpose or function of particulars to provide what is reasonably necessary to identify the case to be made out at trial - application for strike out refused - order for provision of certain answers to particulars to be provided
LEGISLATION CITED : Civil Procedure Act 2005 - ss 56 Uniform Civil Procedure Rules - rr 14.10, 14.28(1)(b)&(c)
A v New South Wales [2007] HCA 10; (2007) 233 ALR 584 Allianz Australia Insurance Ltd v Newcastle Formwork Constructions Pty Ltd [2007] NSWCA 144 CASES CITED : Anchor Products Limited v Hedges (1966) 115 CLR 493 Douglas & Anor v John Fairfax & Sons Limited & Anor [1983] 3 NSWLR 126 Mummery v Irvings Pty Limited (1956) 96 CLR 99
Monique Louise Turner (plaintiff) PARTIES : State of New South Wales (first defendant) Director of Public Prosecutions (second defendant)
FILE NUMBER(S) : SC 20056 of 2006
COUNSEL : J Sheller (plaintiff) J E Maconachie QC and M Spartalis (defendants)
SOLICITORS : Greg Walsh & Co (plaintiff) I V Knight, Crown Solicitor (defendants)
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