Rook v State of New South Wales (No 2) [2015] NSWDC 72

District Court New South Wales

Medium Neutral Citation: Rook v State of New South Wales (No 2) [2015] NSWDC 72 Hearing dates: 17 April 2015 Date of orders: 17 April 2015 Decision date: 17 April 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Reply filed 11 February 2015 is struck out

Leave to the plaintiff to file an amended reply refused

Plaintiff to pay the defendant's costs Catchwords: PRACTICE & PROCEDURE – Pleading – Reply – Whether necessary – Whether embarrassing – Torts – Assault and battery – False imprisonment – Detinue – "Wrongful arrest" pleaded in statement of claim – No need for reply if all relevant issues raised in statement of claim and defence – Form of reply embarrassing – Could only apply to one of the torts pleaded and not necessary as defence did not traverse the alleged fact of acquittal of plaintiff on two criminal charges Legislation Cited: Crown Proceedings Act 1988 Law Reform (Vicarious Liability) Act 1983 Uniform Civil Procedure Rules 2005 Cases Cited: A v New South Wales [2007] HCA 10; (2007) 230 CLR 500 Beckett v New South Wales [2013] HCA 17 Cameron v James [1945] VLR 113 Clavel v Savage [2013] NSWSC 775 East West Airlines (Operations) Ltd v Commonwealth of Australia (1983) 49 ALR 323 Liao v State of New South Wales [2014] NSWCA 71 Rook v State of New South Wales [2014] NSWDC 304 Udowenko v St George Bank [2011] NSWSC 1122 Category: Procedural and other rulings Parties: State of New South Wales (Applicant/Defendant) David Duncan Rook (Respondent/Plaintiff) Representation: Counsel: Mr M Hutchings Mr L Robison