NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Hewit v Galletta [2017] NSWDC 129 Hearing dates: 5 May 2017 Date of orders: 05 May 2017 Decision date: 05 May 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Amended Summons dismissed. (2) Plaintiff to pay the defendant's costs. (3) Notice of motion is dismissed with costs, noting that the Amended Summons has been struck out and any application for summary judgment in those circumstances is a futility. Catchwords: TORT – plaintiff seeks preliminary discovery for cause of action described as "declaration of right" – defendant seeks summary disposal of proceedings – plaintiff already provided with the documents he sought – no evidence of inquiry – claim for preliminary discovery misconceived – summons dimissed Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 – 62 and 144(2) Uniform Civil Procedure Rules 2005 (NSW), rr 4.5, 5.3, 14.30 and 18.4 Cases Cited: Hatfield v TCN Channel Nine Pty Ltd (2010) 77 NSWLR 506 Mahommed v Unicomb [2017] NSWCA 65 Pingel v Toowoomba Newspapers Pty Ltd [2010] QCA 175 Van Garderen v Channel Seven Melbourne Pty Ltd [2016] VCC 953 Category: Principal judgment Parties: Plaintiff: Alan Hewit Defendant: Anthony J Galletta Representation: Plaintiff: In person
Counsel: Defendant: Mr D A Robertson
Solicitors Defendant: DCE Lawyers File Number(s): 2016/313523 Publication restriction: None
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate