Waterhouse v The Independent Commission Against Corruption (No.2) [2014] NSWSC 1515

Supreme Court New South Wales

Medium Neutral Citation: Waterhouse v The Independent Commission Against Corruption (No.2) [2014] NSWSC 1515 Hearing dates: 8 September 2014 Date of orders: 08 September 2014 Decision date: 08 September 2014 Jurisdiction: Common Law Before: Garling J Decision: 1. Grant leave to the defendant to file the affidavit of Roy Alfred Waldon sworn 6 August 2014 in these proceedings. 2. Order that the filing of the affidavit be deemed as compliance with r 14.23(2) and r 14.23(3) of the Uniform Civil Procedure Rules 2005, in connection with the filing of the defendant's Defence on 11 April 2014 in this proceeding. 3. Order the defendant to pay the plaintiff's costs of and incidental to the Motion. (4)I note that the principal decision in the proceedings is otherwise reserved Catchwords: PROCEDURE – civil – rule 14.23 Uniform Civil Procedure Rules 2005 - application by defendant to file affidavit – defence filed but not verified by affidavit – failure to subscribe affidavit to defence was an oversight – interests of justice for pleadings to be in correct form – plaintiff given opportunity to make further submissions – leave to file affidavit granted Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Martin Otto Waterhouse (P) The Independent Commission Against Corruption (D) Representation: Counsel: In person (P) Dr Galbraith (D) File Number(s): 2013/86239 Publication restriction: Not Applicable