D’Ettorre v State of New South Wales [2016] NSWSC 179

Supreme Court New South Wales

Medium Neutral Citation: D'Ettorre v State of New South Wales [2016] NSWSC 179 Hearing dates: 5 February 2016 Decision date: 04 March 2016 Jurisdiction: Common Law Before: Button J Decision: (1) The notice of motion of the plaintiff of 29 September 2015 is dismissed. (2) Each party must pay their own costs of the proceedings before me. Catchwords: PRACTICE AND PROCEDURE – joint application for determination of separate question – whether estoppel operates against defendant – whether issue should be determined prior to trial Legislation Cited: Limitation Act 1969 (NSW) Police Regulation (Superannuation) Act 1906 (NSW), s 1(2) Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: AAI Ltd t/a Vero Insurance v Solarus Projects Pty Ltd (Receivers and Managers appointed) (in liq) [2014] NSWCA 168 Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103 Bailey v Owners Corporation of Strata Plan 62666 [2011] NSWCA 293 Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215 Tallglen Pty Ltd v Pay TC Holdings Pty Ltd (1996) 22 ACSR 130 Wardley Australia Ltd v The State of Western Australia [1992] HCA 55; (1992) 175 CLR 514 Category: Procedural and other rulings Parties: Paul D'Ettorre (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: K Andrews (Plaintiff) M Hutchings (Defendant)