Edwards v The State of New South Wales [2017] NSWSC 459

Supreme Court New South Wales

Medium Neutral Citation: Edwards v The State of New South Wales [2017] NSWSC 459 Hearing dates: 20 April 2017 Date of orders: 24 April 2017 Decision date: 24 April 2017 Jurisdiction: Common Law Before: Davies J Decision: (1) Leave is given to the Plaintiff to file a further Amended Statement of Claim containing the amendments as identified at [11] of the judgment.

(2) Any such further Amended Statement of Claim is to be filed and served by Friday, 5 May 2017.

(3) The Notice to Admit Facts dated 21 February 2017 is set aside.

(4) The Plaintiff is to pay the Defendant's costs of the Plaintiff's Notice of Motion filed 21 February 2017.

(5) The Plaintiff is to pay the costs thrown away by reason of the amendments to the Statement of Claim.

(6) The Plaintiff is to pay the Defendant's costs of the Defendant's Notice of Motion filed 7 March 2017. Catchwords: PROCEDURE – amendment – claim for malicious prosecution and wrongful imprisonment – self-represented plaintiff – plaintiff seeks to claim abuse of process – plaintiff seeks amendments to plead evidence

EVIDENCE – admissions – notice to admit facts – pleadings not closed – whether notice was premature – whether facts were appropriate to be included in notice Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Gerard Michael McGuirk v The University of New South Wales [2009] NSWSC 253 McGuirk v University of New South Wales [2010] NSWCA 104 Category: Procedural and other rulings Parties: Matthew Edwards (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: In person (Plaintiff) A N Williams (Defendant)