Rivera v State of New South Wales and Anor [2012] NSWSC 1360

Supreme Court New South Wales

Medium Neutral Citation: Rivera v State of New South Wales and Anor [2012] NSWSC 1360 Hearing dates: 5 November 2012 Decision date: 05 November 2012 Before: Johnson J Decision: Pursuant to Rule 4.10 Uniform Civil Procedure Rules 2005, the Court refuses to accept for filing the Amended Statement of Claim lodged on 6 November 2007. Pursuant to Rule 12.7 Uniform Civil Procedure Rules 2005, the proceedings are dismissed. The Plaintiff is to pay the costs of the Second and Third Defendants of this application and the proceedings generally. Catchwords: PRACTICE AND PROCEDURE - judge grants leave to file amended pleading by specified date - pleading not filed in time - accepted in registry out of time - whether court should refuse to accept document for filing under Rule 4.10 Uniform Civil Procedure Rules 2005 - proceedings commenced in 2006 - plaintiff extradited in 2008 to USA - plaintiff serving lengthy sentence of imprisonment in USA - litigation not progressed since 2008 and no real prospect that proceedings will progress - application by defendants that proceedings be dismissed for want of prosecution under Rule 12.7 Uniform Civil Procedure Rules 2005 - proceedings dismissed Legislation Cited: Extradition Act 1988 (Cth) Civil Procedure Act 2005 Civil Liability Act 2002 Limitation Act 1969 Crimes (Administration of Sentences) Act 1999 Uniform Civil Procedure Rules 2005 Cases Cited: R v Rivera [2003] NSWSC 6 Rivera v United States of America [2003] NSWSC 1180 Rivera v United States of America [2004] FCAFC 154 Bendigo & Adelaide Bank Limited v Chowdhury [2012] NSWSC 592 Fairey v Fairey (No 2) [2000] NSWCA 173 Fleet v State of New South Wales [2009] NSWSC 75 Texts Cited: --- Category: Interlocutory applications Parties: Lawrence Rivera (Plaintiff) State of New South Wales (Second Defendant) Kamal Uddin Ahmed (Third Defendant) Representation: No appearance for Plaintiff Mr SA Woods (Second and Third Defendants) Crown Solicitor's Office (Second and Third Defendants) File Number(s): 2007/264921 Publication restriction: ---