NSW Caselaw
New South Wales Supreme Court
CITATION : Priest v State of New South Wales [2007] NSWSC 41
HEARING DATE(S) : 2 February 2007
JUDGMENT DATE : 2 February 2007
JUDGMENT OF : Johnson J at 1
EX TEMPORE JUDGMENT DATE : 2 February 2007
DECISION : See paragraphs 42 to 45 inclusive of judgment.
CATCHWORDS : PRACTICE AND PROCEDURE - discovery - application by Defendant for withdrawal of category of documents from order for discovery - failure by Defendant to comply with Court order - Defendant in breach of duty to assist Court to facilitate just, quick and cheap resolution of real issues in dispute on application - obligations of Defendant as model litigant - order for costs on indemnity basis
LEGISLATION CITED : Civil Procedure Act 2005
Priest v State of New South Wales [2006] NSWSC 1281 Priest v State of New South Wales [2006] NSWSC 12 CASES CITED : Nelson v John Lysaght (Australia) Limited (1974-1975) 132 CLR 201 Scott v Handley (1999) 58 ALD 373 Wodrow v Commonwealth of Australia (2003) 129 FCR 182 Badraie v Commonwealth of Australia (2005) 195 FLR 119; [2005] NSWSC 1195
PARTIES : Michael Patrick Timothy Priest (Plaintiff) State of New South Wales (Defendant)
FILE NUMBER(S) : SC 20927/01
COUNSEL : Mr P Semmler QC; Ms K Nomchong (Plaintiff) Mr J Maconachie QC; Mr P Sternberg (Defendant)
SOLICITORS : Marsdens Law Group (Plaintiff) IV Knight, Crown Solicitor's Office (Defendant)
LOWER COURT DATE OF DECISION : ---
LOWER COURT MEDIUM NEUTRAL CITATION : ---
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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