Clarke v State of New South Wales (No 5) [2016] NSWSC 28

Supreme Court New South Wales

Medium Neutral Citation: Clarke v State of New South Wales (No 5) [2016] NSWSC 28 Hearing dates: 1 February 2016 Date of orders: 05 February 2016 Decision date: 05 February 2016 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Mr Clarke's 11 September 2015 motion is dismissed. (2) If Mr Clarke wishes to file any further amended statement of claim he must seek the Court's leave by filing and serving a further motion supported by an affidavit on or before 4 March 2016. (3) Mr Clarke is to bear the State's costs of the motion, as agreed or assessed. Catchwords: PROCEDURE – pleadings – notice of motion – leave sought to file a further amended statement of claim – refused – motion dismissed – costs Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Criminal Procedure Act 1986 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: A v State of New South Wales [2007] HCA 10; (2007) 230 CLR 500 Clarke v State of New South Wales (No 4) [2015] NSWSC 1054 Clarke, Dallas v State of New South Wales (No 3) [2014] NSWSC 593 Clarke, Dallas v State of New South Wales [2013] NSWSC 1436 Clarke v State of New South Wales [2015] NSWCA 27 Category: Procedural and other rulings Parties: Dallas Clarke (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr R Lee (Defendant)