ISW v State of New South Wales [2013] NSWSC 1472

Supreme Court New South Wales

Medium Neutral Citation: ISW v State of New South Wales [2013] NSWSC 1472 Hearing dates: 03/10/2013 Decision date: 10 October 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) Paragraphs [33], [70], [81], [85](a) and (d), [94](e) and (f) and [100] of the amended statement of claim are struck out. (2) Paragraphs [33], [70], [81], [85](a) and (d), [94](e) and (f) and [100] of the amended statement of claim are to be repleaded in a further amended statement of claim. Such further amended statement of claim to be filed and served by 14 November 2013. (3) The balance of the second defendant's notice of motion filed on 1 August 3013 is stood over for directions before the Registrar at 9.00 am on 21 November 2013. (4) Costs are reserved. Catchwords: PROCEDURE - requirement of pleadings - whether amended statement of claim should be struck out - whether amended statement of claim should be repleaded Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Banque Commerciale SA En Liquidation v Akhill Holdings Ltd [1990] HCA 11; (1990) 179 CLR 269 Born Brands Pty Ltd v Nine Network Australia Pty Ltd [2011] NSWSC 642 Geagea v New South Wales Insurance Ministerial Corporation [2004] NSWSC 118 Harrigan v Jones [2000] NSWSC 814 McGuirk v The University of New South Wales [2009] NSWSC 1424 Category: Interlocutory applications Parties: ISW (First Plaintiff) ASW (Second Plaintiff) State of New South Wales (First Defendant) Gerard Philip Webster (Second Defendant) Representation: Counsel: D L Del Monte (First and Second Plaintiffs) M Hutchings (First Defendant) D Lloyd (Second Defendant) Solicitors: Grays Legal (First and Second Plaintiffs) Crown Solicitor's Office (First Defendant) Kennedys (Second Defendant) File Number(s): 2013/67573 Publication restriction: Nil