Hrdavec v State of New South Wales [2018] NSWSC 1081

Supreme Court New South Wales

Medium Neutral Citation: Hrdavec v State of New South Wales [2018] NSWSC 1081 Hearing dates: 9 July 2018 Date of orders: 12 July 2018 Decision date: 12 July 2018 Jurisdiction: Common Law Before: Fagan J Decision: 1. The plaintiff's application by notice of motion filed 26 June 2018 for directions pursuant to rr 31.19 and 31.20 of the Uniform Civil Procedure Rules with respect to the opinion report of Mr Matthews served on 16 May 2018 is dismissed.

2. The costs of the notice of motion are to be costs in the cause. Catchwords: EVIDENCE – opinion evidence – exceptions – expert opinion – application by notice of motion for directions before calling expert witnesses – Uniform Civil Procedure Rules 2005 (NSW), rr 31.19, 31.20 – proceedings for wrongful arrest, false imprisonment and malicious prosecution – leave sought to adduce opinion evidence of retired Detective Chief Inspector –where application made after proceedings on foot for 20 months – whether application for directions should be made at early stage of proceedings – whether reasonable explanation for delay in application – opinion on whether officer in charge of investigation had reasonable and probable cause to arrest and charge, whether arrest was lawful and whether charges maintained out of malice – whether such opinion evidence admissible – evidence inadmissible – directions refused Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: A v New South Wales (2007) 230 CLR 500; [2007] HCA 10 Brown v Hawkes (1891) 2 QB 718 Chapman v Chapman [2007] NSWSC 1109 Clark v Ryan (1960) 103 CLR 486; [1960] HCA 42 Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21 HG v R (1999) 197 CLR 414; [1999] HCA 2 R v GK (2001) NSWLR 317; [2001] NSWCCA 413 Sharp v Biggs (1932) 48 CLR 81 Texts Cited: Fleming, The Law of Torts, 9th ed (1998) Category: Principal judgment Parties: Valentino Hrdavec (plaintiff) State of New South Wales (defendant) Representation: Counsel: Mr Roger Rasmussen (plaintiff) Mr David Hume (defendant)