Marshall v Woodhouse [2018] NSWSC 863

Supreme Court New South Wales

Medium Neutral Citation: Marshall v Woodhouse [2018] NSWSC 863 Hearing dates: 7 June 2018 Date of orders: 07 June 2018 Decision date: 07 June 2018 Jurisdiction: Common Law Before: Schmidt J Decision: Directions made: (1) Schedule A to the proposed statement of claim should be provided by the plaintiff to the first and third defendants within 14 days. (2) Answers to a November 2017 request for particulars should be provided by the plaintiff, on or before 21 June 2018. (3) The parties are to confer in relation to the issue raised about paragraph 36 of the proposed statement of claim. If there is any dispute about the terms of the further amended statement of claim remaining following those discussions, a further motion should be put on, on or before 21 June 2018. (4) The defendant is to file any defence or motion to dismiss the proceedings, on or before 12 July 2018. (5) The matter is listed for further directions at 9.30am on 17 July 2018. Catchwords: PRACTICE AND PROCEDURE – leave granted to file a notice of discontinuance – proceedings against the State settled – notice of motion – leave to file an amended statement of claim – directions made Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Marshall v Commissioner of Police (Supreme Court (NSW), Lonergan J, 1 May 2017, unrep) Category: Procedural and other rulings Parties: Garry Marshall (Plaintiff) Nicola Woodhouse (First Defendant) Estate of the Late Gary Woodhouse (Second Defendant) Phillip Woodhouse (Third Defendant) Andrew Woodhouse (Fourth Defendant) State of New South Wales (Fifth Defendant) Representation: Counsel: Mr J O'Connor (First and Third Defendants)