NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Medcalf v The Greens NSW [2017] NSWSC 683 Hearing dates: 22 May 2017 Date of orders: 01 June 2017 Decision date: 01 June 2017 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:
(1) The defendant's notice of motion filed 23 March 2017 is dismissed.
(2) The defendant is to pay the plaintiff's costs on an ordinary basis. Catchwords: PROCEDURE – application to strike out paragraphs of affidavit – relevance of paragraphs – strike out application unsuccessful Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Evidence Act 1995 (NSW) ss 55, 131 Fair Work Act 2009 (Cth) s 570 Uniform Civil Procedure Rules 2005 (NSW) r 4.15 Cases Cited: Darling v Palm Springs Ltd [2002] NSWSC 793 National Union of Workers v Davids Distribution Pty Ltd [1999] FCA 1109, (1999) 91 FCR 513, 165 ALR 595 Thomas & Ors v SMP (International) Pty Ltd & Ors [2010] NSWSC 822 Category: Procedural and other rulings Parties: Carole Medcalf (Plaintiff) The Greens NSW, an Incorporated Association for the purposes of the Associations Incorporation Act 2009 (NSW) Representation: Counsel: R de Meyrick (Plaintiff) I Latham (Defendant)
Solicitors: Hall Partners (Plaintiff) Taylor and Scott Lawyers (Defendant) File Number(s): 2016/198896 Publication restriction: Nil
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