NSW Caselaw
New South Wales Supreme Court
CITATION : Hamod & Anor v State of NSW & Anor [2007] NSWSC 600
HEARING DATE(S) : 31 May 2007
JUDGMENT DATE : 13 June 2007
JURISDICTION : Common Law Division
JUDGMENT OF : Simpson J
DECISION : Appeal dismissed with costs.
CATCHWORDS : DISCOVERY – appeal from decision of Associate Judge – order for discovery – proceedings for false arrest and imprisonment, malicious prosecution, injurious falsehood – trial fixed for hearing – factual error in reasons of Associate Judge – elements of claim for malicious prosecution – need to prove prosecutor acted without reasonable and probable cause – proof of state of mind of prosecutor – particularisation of claim – alternative proposal for limited discovery – delay in application
LEGISLATION CITED : Crimes Act 1900, s 352 Uniform Civil Procedure Rules 2005, 21.2
CASES CITED : A v New South Wales [2007] HCA 10; 81 ALJR 763
Anthony Hamod (First Plaintiff) Hamock Investments Pty Ltd (Second Plaintiff) PARTIES : State of NSW (First Defendant) UBS Australia Ltd (Second Defendant)
FILE NUMBER(S) : SC 20147 of 2003
R McKeand SC (Plaintiffs) COUNSEL : J Maconachie QC/M Hutchings (First Defendant) P Holmes (Second Defendant)
Simon Diab & Associates (Plaintiffs) SOLICITORS : I V Knight Crown Solicitor (First Defendant) Allens Arthur Robinson (Second Defendant)
LOWER COURT JURISDICTION : Supreme Court (Associate Judge)
LOWER COURT FILE NUMBER(S) : SC 20147 of 2003
LOWER COURT JUDICIAL OFFICER : Associate Justice Harrison
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