Odeh v State of New South Wales [2019] NSWSC 342

Supreme Court New South Wales

Medium Neutral Citation: Odeh v State of New South Wales [2019] NSWSC 342 Hearing dates: 1 May, 8 June 2018 Date of orders: 01 April 2019 Decision date: 01 April 2019 Jurisdiction: Common Law Before: Rothman J Decision: (1) Leave to file the proposed Amended Statement of Claim, to which the Notice of Motion refers, is refused;

(2) Motion dismissed;

(3) Leave is granted to the plaintiff to file, within 28 days of these orders, a further Notice of Motion seeking leave to file an Amended Statement of Claim, that complies with the principles of pleading, and accords with these reasons for judgment;

(4) Leave to join the putative third defendant is refused;

(5) The plaintiff shall pay the defendants' costs of and incidental to the Motion. Catchwords: PRACTICE AND PROCEDURE – Statement of Claim insufficiently pleaded – proposed Amended Statement of Claim has similar difficulties – leave refused to file – leave granted to try again Cases Cited: A v State of New South Wales (2007) 230 CLR 500; [2007] HCA 10 Clavel v Savage [2013] NSWSC 775 Wilkinson v Downton [1897] 2 QB 57 Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34 Category: Procedural and other rulings Parties: Husam Ali Odeh (Plaintiff/Applicant) State of New South Wales (First Defendant/Respondent) Zina Al-Obiady (Second Defendant/Respondent) Representation: Counsel: T Hall – Solicitor (Plaintiff/Applicant) S T Chrysantou / H Elachkar (First Defendant/Respondent) C Freer (Second Defendant/Respondent)