Pi v State of New South Wales [2015] NSWSC 324

Supreme Court New South Wales

Medium Neutral Citation: Pi v State of New South Wales [2015] NSWSC 324 Hearing dates: 27 March 2015 Decision date: 27 March 2015 Jurisdiction: Common Law Before: Harrison J Decision: (1) I dismiss the plaintiffs' claim in defamation.

(2) I otherwise strike out the statement of claim.

(3) I grant leave to the plaintiffs to file and serve any further statement of claim upon which either of them intends to rely by no later than 4.00 pm on 23 April 2015.

(4) I order the plaintiffs to pay the costs of the State of New South Wales of and incidental to this notice of motion.

(5) I appoint Monday 4 May 2015 at 9.30 am before me for directions.

(6) I grant liberty to apply on 48 hours' notice. Catchwords: PRACTICE & PROCEDURE – pleadings - application to strike out statement of claim – intentional torts -malicious prosecution, false imprisonment and wrongful arrest – where plaintiff also claims damages for defamation and personal injury –embarrassing pleading - no reasonable cause of action disclosed – police officers – absolute privilege – abuse of process - leave granted to file amended statement of claim Legislation Cited: Law Reform (Vicarious Liability) Act 1983 Cases Cited: Cabassi v Vila [1940] HCA 41; (1940) 64 CLR 130 Evans v London Hospital Medical College (University of London) [1981] 1 WLR 184 Watson v McEwan [1905] AC 480 Category: Procedural and other rulings Parties: Guang Hua Pi and Holly Tan (Plaintiffs) State of New South Wales (Defendant) Representation: Counsel: M Hutchings (Defendant)