Lovric v State of New South Wales (No 2) [2019] NSWDC 157

District Court New South Wales

Medium Neutral Citation: Lovric v State of New South Wales (No 2) [2019] NSWDC 157 Hearing dates: 21 March 2019 Date of orders: 22 March 2019 Decision date: 22 March 2019 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Amended notice of motion filed 22 June 2018 dismissed. (2) Plaintiff to pay the defendant's costs. Catchwords: JUDGMENTS AND ORDERS — Amending, varying and setting aside — Alleged suppression of evidence - Failure to answer subpoenas - Discretion Legislation Cited: Civil Procedure Act 2005, s 56 Uniform Civil Procedure Rules 2005, r 33.6, r 33.7, r 36.15, r 36.16 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Kerry Albert Pty Ltd t/as Kerry Albert & Co v Fuller (No 2) [2018] NSWDC 383 Lovric v State of New South Wales [2018] NSWDC 148 State of New South Wales v Nash [2016] NSWCA 98 Category: Procedural and other rulings Parties: Denis Lovric (plaintiff) State of New South Wales (defendant) Representation: Counsel: Mr M Hutchings (defendant)

Solicitors: Sparke Helmore Lawyers (defendant)

Other: Plaintiff (self-represented) File Number(s): 2017/170707 Publication restriction: None

Judgment

A. INTRODUCTION 1. Denis Lovric was forcibly arrested by two police officers on 2 May 2015, and was charged with offensive language, assault police and resist arrest. He pleaded guilty to the first and was acquitted of the other two charges. He sued the State of New South Wales for assault and battery, unlawful imprisonment and malicious prosecution, allegedly committed by one or both of the officers. Those proceedings were dismissed by this Court on 13 April 2018 after a hearing where Mr Lovric was represented by a solicitor and barrister. [1] Mr Lovric, self-represented, applies to set aside the civil judgment.