Kuzmanovic v State of New South Wales as represented by the NSW Attorney Generals Department and Anor [2010] NSWSC 1029

New South Wales Supreme Court

CITATION : Kuzmanovic v State of New South Wales as represented by the NSW Attorney Generals Department and Anor [2010] NSWSC 1029

HEARING DATE(S) : 9 September 2010

JUDGMENT DATE : 10 September 2010

JUDGMENT OF : Schmidt J

CATCHWORDS : PROCEDURE - miscellaneous procedural matters - other matters - leave to further amend pleadings - leave granted - defendants seeking to strike out statement of claim pursuant to Rule 14.28 of the Uniform Civil Procedure Rules 2005 and/or in the alternative struck out on the basis it is statute barred pursuant to Limitation Act 1969 - whether pleadings are defective - whether amendments can save pleadings - orders dismissing proceedings refused - LIMITATION OF ACTIONS - general - statutes of limitation - section 50C and section 50D of the Limitation Act 1969 - COSTS - departing from the general rule - powers of court - impecuniosity not of itself sufficient to depart from usual rule

Law Reform (Vicarious Liability) Act 1983 LEGISLATION CITED : Limitation Act 1969 Uniform Civil Procedure Rules 2005

CATEGORY : Procedural and other rulings

Johnston v Australia and New Zealand Banking Group Ltd [2006] NSWCA 218 CASES CITED : Gunns Ltd v Marr [2005] VSC 251 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72

Momcilo Kuzmanovic - Plaintiff PARTIES : State of New South Wales as represented by the NSW Attorney Generals Department - First Defendant State of New South Wales as represented by the New South Wales Police Force - Second Defendant

FILE NUMBER(S) : SC 2010/108836

COUNSEL : Mr Kuzmanovic (unrepresented) - Plaintiff Mr P Saidi - Defendants