NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Flowers v State of New South Wales [2019] NSWSC 1467 Hearing dates: 23 October 2019 Date of orders: 29 October 2019 Decision date: 29 October 2019 Jurisdiction: Common Law Before: Harrison J Decision: (1) Strike out the amended statement of claim filed on 27 May 2019. (2) Grant liberty to the plaintiff within 28 days if so advised to file and serve any proposed further amended statement of claim upon which he intends to rely. (3) Grant liberty to the parties to apply to me by arrangement with my Associate on 48 hours' notice. (4) Reserve costs. Catchwords: CIVIL PROCEDURE – pleadings – striking out – tendency to cause prejudice, embarrassment or delay – statement of claim struck out Legislation Cited: UCPR, rr 13.4, 14.28 Cases Cited: Bartlett v Swan Television & Radio Broadcasters Pty Ltd [1995] FCA 1429 Flowers v State of New South Wales [2019] NSWSC 1308 McGuirk v University of New South Wales [2009] NSWSC 1424 Plaintiff S3-2013 v Minister for Immigration and Citizenship (2013) 297 ALR 560; [2013] HCA 22 Shelton v National Roads & Motorists Association Ltd [2004] FCA 1393 Category: Procedural and other rulings Parties: Mark Stephen Flowers (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: A Williams with K Curry (Defendant)
Solicitors: McCabe Curwood (Defendant) File Number(s): 2019/117371 and 2018/348865 Publication restriction: Nil
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