NSW Caselaw
New South Wales Supreme Court
CITATION : Glarvey v State of NSW [2006] NSWSC 816
HEARING DATE(S) : 1 August 2006
JUDGMENT DATE : 15 August 2006
JURISDICTION : Common Law
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The decision of Registrar Riznyczok dated 7 March 2006 is set aside except as to costs. The costs order is to stand; (2) The plaintiff is to file and serve an amended statement of claim within 14 days; (3) The defendant is to pay the costs of the plaintiff's notice of motion filed 30 June 2006.
CATCHWORDS : Appeal decision of Registrar - Application for leave to file amended statement of claim
LEGISLATION CITED : Limitation Act 1969 - ss 60C & E Uniform Civil Procedure Rules - 49.19
Koehler v Cerebos (Australia) Limited [2005] 214 ALR 355 CASES CITED : New South Wales v Heins [2005] NSWCA 258 Priest v State of New South Wales [2006] NSWSC 12
PARTIES : David Glarvey - Plaintiff State of New South Wales - Defendant
FILE NUMBER(S) : SC 20556/2001
COUNSEL : Ms K Nomchoung - Plaintiff Mr M Hutchings - Defendant
SOLICITORS : Marsdens - Plaintiff I V Knight, Crown Solicitor - Defendant
LOWER COURT JURISDICTION : Supreme Court
LOWER COURT FILE NUMBER(S) : 20556/2001
LOWER COURT JUDICIAL OFFICER : Registrar Riznyczok
LOWER COURT DATE OF DECISION : 7 March 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ASSOCIATE JUSTICE HARRISON
TUESDAY, 15 AUGUST 2006
20556/2001 - DAVID GLARVEY v STATE OF NEW SOUTH WALES
JUDGMENT (Appeal decision of Registrar - Application for leave to file Amended Statement of Claim) 1 HER HONOUR: By notice of motion filed 30 March 2006 the plaintiff seeks firstly, that the orders made by Registrar Riznyczok dated 7 March 2006, to delete paragraphs 11 to 24 of the proposed amended statement of claim (ASC) be set aside; secondly, that the plaintiff be given leave to file and serve the proposed ASC; and thirdly that the orders made by Registrar Riznyczok dated 7 March 2006 that the plaintiff's pay the defendant's costs of the notice of motion of 23 November 2005 and costs thrown away, be set aside. The plaintiff is David Glarvey. The defendant is the State of New South Wales.
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