Mohareb v State of New South Wales [2018] NSWSC 1599

Supreme Court New South Wales

Medium Neutral Citation: Mohareb v State of New South Wales [2018] NSWSC 1599 Hearing dates: 22 October 2018 Date of orders: 23 October 2018 Decision date: 23 October 2018 Jurisdiction: Common Law Before: Harrison J Decision: (1) Grant leave to the plaintiff further to amend his amended statement of claim by no later than 8 February 2019. (2) Stand over the proceedings before the Registrar on 11 February 2019 for directions. (3) Make no order on the plaintiff's notice of motion filed 9 October 2018. (4) Reserve the costs of and incidental to the plaintiff's notice of motion filed 9 October 2018, including the costs of 22 October 2018. (5) Grant liberty to the parties to apply on 7 days' notice. Catchwords: CIVIL PROCEDURE – transfer of proceedings – application to transfer proceedings from the District Court to the Supreme Court – where notice of motion not finally determined – where pleadings in these proceedings may be deficient – where leave granted to file a further amended statement of claim – notice of motion stood over Legislation Cited: Civil Procedure Act 2005 (NSW), s 140 Category: Principal judgment Parties: Nader Mohareb (Plaintiff) State of New South Wales (First Defendant) Northern Beaches Council (Second Defendant) Representation: Counsel: J Guihot (Second Defendant)

Solicitors: Crown Solicitor's Office (First Defendant) Moray & Agnew (Second Defendant) File Number(s): 2018/221230 Publication restriction: Nil