CH v State of New South Wales [2017] NSWSC 1607

Supreme Court New South Wales

Medium Neutral Citation: CH v State of New South Wales [2017] NSWSC 1607 Hearing dates: 5 December 2016; 15 December 2016; 10 February 2017; 24 March 2017 Date of orders: 29 November 2017 Decision date: 29 November 2017 Jurisdiction: Common Law Before: Garling J Decision: (1) On or before 2 March 2018, the second, third and fifth defendants are to give discovery to the plaintiff of:

(a) all documents in, and comprising the file reference number CEIU/03345 at the time it was provided to Det. Snr. Constable Byrne; (b) all documents in the possession of Det. Snr. Constable Byrne, and taken into account by him for the purpose of drafting an application for, and applying for, a search warrant for the premises of the plaintiff; (c) all documents recording the results of enquiries, if any, made by Det. Snr. Constable Byrne for the purpose of drafting an application for, and applying for, a search warrant for the premises of the plaintiff; and (d) all documents taken into account by Snr. Constable Jason Samuel in making an application for, and in obtaining, a search warrant for, the premises of the plaintiff.

(2) Plaintiff to pay the defendants' costs of, and occasioned by, each amended or proposed Amended Statement of Claim. (3) Each party pay his and its own costs of the Notice of Motion of the plaintiff filed 27 May 2016 insofar as it relates to discovery and the proceedings before Wilson J on 29 August 2016. (4) Notice of Motion filed by the plaintiff on 27 May 2016 is otherwise dismissed. (5) Costs of case management hearings to be costs in the cause. (6) Stand the proceedings over for directions to 9am on 1 February 2018 before the Common Law Registrar. Catchwords: CIVIL PROCEDURE – discovery – application by plaintiff – pleadings not closed – discovery order made