Griffiths v State of New South Wales (No 2) [2015] NSWSC 1932

Supreme Court New South Wales

Medium Neutral Citation: Griffiths v State of New South Wales (No 2) [2015] NSWSC 1932 Hearing dates: 14 December 2015 Date of orders: 17 December 2015 Decision date: 17 December 2015 Jurisdiction: Common Law Before: Schmidt J Decision: The amended statement of claim filed in April 2015 should be dismissed in accordance with Rule 13.4

The usual order as to costs is that they follow the event. That would be an order in this case, that Mr Griffiths bear the State's costs, as agreed or assessed. Unless the parties approach to be heard within 21 days, that will be the Court's order. Catchwords: PROCEDURE – notice of motion – pleadings – orders sought to dismiss latest statement of claim – Rule 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) – current pleading does not comply with the Uniform Civil Procedures Rules 2005 (NSW) – leave to file amended statement of claim – proceedings have not in 7 years produced a properly pleaded statement of claim – amended statement of claim dismissed – costs Legislation Cited: Civil Procedure Act 2005 (NSW) Limitation Act 1969 (NSW) Police Act 1900 (NSW) Uniform Civil Procedures Rules 2005 (NSW) Cases Cited: Griffiths v State of New South Wales [2013] NSWSC 818 Michael Richard Griffiths v State of New South Wales (Supreme Court (NSW), Hall J, 14 September 2010, unrep) Michael Richard Griffiths v State of New South Wales (Supreme Court (NSW), Harrison AsJ, 21 February 2012, unrep) State of New South Wales v Seedsman [2000] NSWCA 119 Category: Procedural and other rulings Parties: Michael Richard Griffiths (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr S Spartalis (Defendant)