Hamod v State of New South Wales (No 4) [2007] NSWSC 1363

Hamod v State of New South Wales (No 4) [2007] NSWSC 1363

Because the plaintiffs had failed to comply with the existing timetable, had not complied with the default-reporting order, and the defendants would be deprived of sufficient time to prepare in response, and because there was also an unresolved Court of Appeal dispute concerning discovery, the appropriate case management course was to vacate the 29 October 2007 hearing date and impose a new timetable. The second defendant had a reasonably arguable basis to conduct a non-invasive forensic examination of the Platinum Certificate, subject to undertakings for its safety and return.

Jurisdiction
Australia
Judgment Date
19 July 2007
Procedural Posture
Proceedings for False Arrest and Imprisonment, Malicious Prosecution and Injurious Falsehood / Directions Hearing Concerning Non Compliance With Timetable, Vacation of Hearing Date, and Access to Documents for Forensic Examination
Outcome
Hearing date vacated; new timetable and forensic examination orders made; plaintiffs ordered to pay defendants' thrown away costs occasioned by vacation of the hearing date.
Legal Topics
['case Management' 'directions Timetable' 'non Compliance With Court Orders' 'vacation of Hearing Date' 'forensic Document Examination' 'discovery']
['civil Procedure' 'evidence'] ['case Management' 'directions Timetable' 'non Compliance With Court Orders' 'vacation of Hearing Date' 'forensic Document Examination' 'discovery']

Case Brief

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Procedural Posture

Proceedings for False Arrest and Imprisonment, Malicious Prosecution and Injurious Falsehood / Directions Hearing Concerning Non Compliance With Timetable, Vacation of Hearing Date, and Access to Documents for Forensic Examination

Legal Issues

  1. 1 ["Whether the hearing date listed to commence on 29 October 2007 should be vacated because of the plaintiffs' non-compliance with the timetable for service of evidence." 'Whether the second defendant should be given access to the document alleged to be the Platinum Certificate for non-invasive forensic examination.' 'What further timetable and case management orders should be made.']

Ratio Decidendi

Because the plaintiffs had failed to comply with the existing timetable, had not complied with the default-reporting order, and the defendants would be deprived of sufficient time to prepare in response, and because there was also an unresolved Court of Appeal dispute concerning discovery, the appropriate case management course was to vacate the 29 October 2007 hearing date and impose a new timetable. The second defendant had a reasonably arguable basis to conduct a non-invasive forensic examination of the Platinum Certificate, subject to undertakings for its safety and return.

Court Disposition

Hearing date vacated; new timetable and forensic examination orders made; plaintiffs ordered to pay defendants' thrown away costs occasioned by vacation of the hearing date.

Orders

  • ['The orders recorded in paragraphs 4 to 9 (inclusive) of the short minutes of order handed up on 29 June 2007 be vacated.' 'Subject to Order 3, on or before 31 July 2007, the plaintiffs make available at the Manly premises of Forensic Document Services Pty Limited, for non-invasive examinations by Paul Westwood,...