Workers Compensation Nominal Insurer v Khaled Zoud [2015] NSWSC 476

Supreme Court New South Wales

Medium Neutral Citation: Workers Compensation Nominal Insurer v Khaled Zoud [2015] NSWSC 476 Hearing dates: 23 April 2015 Date of orders: 28 April 2015 Decision date: 28 April 2015 Jurisdiction: Common Law Before: Wilson J Decision: (1) The Notice of Motion filed on 24 March 2015 is dismissed. (2) Costs on the ordinary basis in favour of the plaintiff. (3) Defendant to file his defence within 14 days from today, 28 April 2015. (4) Matter stood over for a directions hearing to 20 May 2015. Catchwords: PRACTICE AND PROCEDURE – Notice of Motion – request for further particulars of the Statement of Claim before a Defence is filed – whether pleadings sufficient to enable defendant to identify the case he has to meet - allegation of fraud – distinction between pleadings and evidence – Notice of Motion dismissed Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Banque Commerciale SA (In Liq.) v Akhill Holdings Ltd (1990) 169 CLR 279 J Earle Hermann Ltd v Ferry (1915) 32 WN (NSW) 31 Middleton v O'Neill (1943) 43 SR(NSW) 178 Minister Administering the Crown Lands (Consolidation) Act And Western Lands Act and Ors v Tweed Byron Aboriginal Land Council (1990) 71 LGRA 201 Philliponi v Leithead (1958) 59 SR(NSW) 352; 76 WN(NSW) 150 Re Dependable Upholstery Ltd [1936] 3 All ER 741 Sims v Wran [1984] 1 NSWLR 317 Wallingford v Mutual Society (1880) 5 App Cas 685 Category: Procedural and other rulings Parties: Workers Compensation Nominal Insurer (Plaintiff) Khaled Zoud (Defendant) Representation: Counsel: Mr RR Stitt QC with Mr MJ Walsh and Ms HM Mann (Plaintiff) Mr Alexis SC (Defendant)