Odeh v State of New South Wales (No 2) [2019] NSWSC 1424

Supreme Court New South Wales

Medium Neutral Citation: Odeh v State of New South Wales (No 2) [2019] NSWSC 1424 Hearing dates: 15 October 2019 Date of orders: 15 October 2019 Decision date: 15 October 2019 Jurisdiction: Common Law Before: Rothman J Decision: (1) The Statement of Claim be struck out.

(2) The proceedings be dismissed.

(3) The plaintiff pay the first defendant's costs of and incidental to the proceedings on the ordinary basis.

(4) The plaintiff pay the second defendant's costs of and incidental to the proceedings on an indemnity basis.

(5) Any party seeking to amend any aspect of the cost order, other than an aspect made by consent, may do so within fourteen days by contacting my Associate directly. Catchwords: PRACTICE AND PROCEDURE – application on notice to file Amended Statement of Claim for malicious prosecution and stay pending outcome of criminal appeal – defendant's application to strike out and dismiss proceedings – cause of action not yet arisen – delay – no relevant time constraint – proceedings dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 64(3) Cases Cited: A v State of New South Wales (2007) 230 CLR 500; [2007] HCA 10 Hadkinson v Hadkinson [1952] P 285; (1952) 2 All ER 567 Wilkinson v Downton [1897] EWHC 1 (QB) Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34 Texts Cited: Sappideen and Vines, Fleming's Law of Torts (10th ed, 2011, Thomson Reuters) Category: Procedural and other rulings Parties: Husam Ali Odeh(Plaintiff) State of New South Wales (First Defendant) Zina Al-Obiady (Second Defendant) Representation: Counsel: T Hall (Solicitor) (Plaintiff) S Chrysanthou (First Defendant) N Broadbent (Second Defendant)