Gillies v The State of New South Wales (No 2) [2014] NSWSC 1598

Supreme Court New South Wales

Medium Neutral Citation: Gillies v The State of New South Wales (No 2) [2014] NSWSC 1598 Hearing dates: 6 November 2014 Decision date: 13 November 2014 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Mr Gillies' summons is struck out. (2) The proceedings are dismissed. (3) Mr Gillies must pay the defendant's costs of the proceedings, as agreed or assessed. Catchwords: PROCEDURE - pleadings - notice of motion - ex parte hearing - orders sought under Rule 13.4 of the Uniform Civil Procedure Rules 2005 - alternative orders sought for claim to be struck out and dismissed for want of prosecution - statement of claim not particularised in accordance with Rules - statement of claim struck out - aspects of the claim statute barred - malicious prosecution alleged - elements of malicious prosecution - cause of action untenable - proceedings dismissed - costs Legislation Cited: Civil Procedure Act 2005 (NSW) Limitation Act 1969 (NSW)) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: A v New South Wales [2007] HCA 10; 230 CLR 500 Beckett v New South Wales [2013] HCA 17; 248 CLR 432 Darrin Michael Gillies v William Brewer [2014] NSWSC 1198 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Gillies v Director of Public Prosecutions (NSW) [2008] NSWCCA 339 Gillies v District Court of New South Wales [2014] NSWCA 357 Gillies v The State of New South Wales [2014] NSWSC 1350 Wardley Australia Ltd v Western Australia [1992] HCA 55; 175 CLR 514) Category: Procedural and other rulings Parties: Darrin Michael Gillies (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr D Villa (Defendant) Solicitors: I V Knight, Crown Solicitor (Defendant) File Number(s): 2013/370091 Publication restriction: No