CURRY v COMMONWEALTH OF AUSTRALIA [2009] NSWSC 1354

New South Wales Supreme Court

CITATION : CURRY v COMMONWEALTH OF AUSTRALIA [2009] NSWSC 1354

HEARING DATE(S) : 5 February 2009

JUDGMENT DATE : 10 December 2009

JUDGMENT OF : Hulme J at 1

(i) The Plaintiffs do have liberty to amend the Statement of Claim in accordance with these reasons and, subject thereto, the "Amended Statement of Claim" being annexure A to the Further Amended Notice of Motion filed on 10 October 2008. (ii) Liberty to apply to all parties in respect of the form of any Amended Statement of Claim on 7 days notice. DECISION : (iii) Order the Plaintiffs to pay the First Defendant's costs of an incidental to the First Defendant's Notice of Motion of 3 May 2006 and the costs, up to 4 November 2008, of the Plaintiff's Further Amended Notice of Motion of 10 October 2008. (iv) Order the Plaintiffs to pay the Second Defendant costs up until 4 November 2008 of its Notice of Motion filed on 5 May 2006 to strike out the original Statement of Claim. (v) Order that the Second Defendant pay Plaintiffs' costs of and incidental to the Application before me, including the costs of and incidental to the Notice of Motion of 10 October 2008, providing however that those costs shall not extend back prior to the preparations for and the drafting of that Notice of Motion. (vi) Order that the Second Defendant pay the First Defendants' costs of and incidental to the hearing before me.

Patrick Bernard Curry First Plaintiff Elizabeth Curry Second Plaintiff The Commonwealth of Australia First Defendant PARTIES : State of New South Wales Second Defendant Paul William Deaves Third Defendant Alan Taciak Fourth Defendant Wayne Glenn Warwick Fifth Defendant