KITE v ICAC [2012] NSWSC 457

Supreme Court New South Wales

Medium Neutral Citation: KITE v ICAC [2012] NSWSC 457 Hearing dates: 04/05/2012 Decision date: 04 May 2012 Jurisdiction: Common Law Before: S G Campbell J Decision: 1. Leave to the plaintiff to replead, file and serve a proposed further amended statement of claim on or before 1 June 2012. 2. If the plaintiff does not serve a proposed further amended statement of claim pursuant to Order 1, the proceedings are dismissed with costs pursuant to rule 13.4 of the Uniform Civil Procedure Rules 2005, in which event Orders 4 and 5 are vacated. 3. The plaintiff is to pay the defendant's costs thrown away by reason of the adjournment. 4. Liberty to restore on 3 days notice. 5. List the proceedings for mention and further direction on 8 June 2012 before Registrar Bradford. Catchwords: PRACTICE AND PROCEDURE - motion seeking summary dismissal - plaintiff self represented - plaintiff retained legal representation and sought leave to file and serve amended statement of claim - parties agreed - leave granted. Legislation Cited: Independent Commission Against Corruption Act 1988 (NSW) Cases Cited: Greiner v Independent Commission Against Corruption (1992) 28 NSWLR 125 Category: Interlocutory applications Parties: John Patrick Kite (Plaintiff) Independent Commission Against Corruption (Defendant) Representation: Counsel: Mr. Hadley (Plaintiff) Mr Fordham with Mr. Chiu (Defendant) Solicitors: No representation for the plaintiff I V Knight, Crown Solicitor (Defendant) File Number(s): 2011/338560 Publication restriction: None