Konneh v State of New South Wales [2011] NSWSC 1170

Supreme Court New South Wales

Medium Neutral Citation: Konneh v State of New South Wales [2011] NSWSC 1170 Hearing dates: 24 August 2011 Decision date: 07 October 2011 Before: HOEBEN J Decision: Paragraphs 18(a), 18(b) and the specified parts of paragraph 18(c) of the Statement of Claim are struck out. Leave is granted for the plaintiff to file and serve an Amended Statement of Claim in accordance with these reasons. The plaintiff is directed to provide particulars (a), (b) and (c) as sought by the defendant in its Notice of Motion of clients of his solicitors who are Group Members; The plaintiff is directed to provide particulars (a), (b) and (c) as sought by the defendant in its Notice of Motion of other persons whom his solicitors believe are Group Members provided that there is no countervailing legal obligation which would prevent the provision of such information to the defendant in relation to such persons. Catchwords: PRACTICE AND PROCEDURE - defendant's application to strike out parts of Statement of Claim pursuant to UCPR 14.28(1)(b) - paragraphs irrelevant and therefore embarrassing - defendant's objection upheld - defendant's request for particulars - practical considerations - limited order for particulars Legislation Cited: Bail Act 1978 Civil Procedure Act 2005 Cases Cited: George v Rocket & Anor (1990) 170 CLR 104 O'Hara v Chief Constable of the Royal Ulster Constabulary [1997] 1 All ER 129 Shelton v National Roads & Motorists' Association Ltd & Ors [2004] FCA 1393, [2004] 51 ACSR 278 Dare v Pulham (1982) 148 CLR 658 Texts Cited: --- Category: Interlocutory applications Parties: Musa Konneh - Plaintiff State of NSW - Defendant Representation: Mr MBJ Lee/Ms R Francois - Plaintiff Mr MTM McCulloch SC/Mr DF Villa - Defendant Maurice Blackburn Pty Limited (Plaintiff) Public Interest Advocacy Centre Limited (Plaintiff) Crown Solicitor (Defendant)` File Number(s): 2011/00187125 Publication restriction: ---