CH v State of New South Wales [2017] NSWSC 1607

CH v State of New South Wales [2017] NSWSC 1607

Discovery was ordered in narrower terms because the knowledge and belief of Det. Snr. Constable Byrne and Snr. Constable Jason Samuel were critical to the plaintiff's pleaded claims, the documents in their possession or taken into account by them were relevant to those issues, and alternative procedures such as a Notice to Produce were unlikely to be as effective or efficient because the plaintiff could not specify the documents with the precision required. The plaintiff's wider proposed categories were too broad and likely unduly onerous. Costs of amended or proposed amended statements of claim were ordered against the plaintiff because the amendments were sought by the plaintiff and...

Jurisdiction
Australia
Judgment Date
29 November 2017
Procedural Posture
Common Law Proceeding; Procedural and Other Ruling / Plaintiff's Notice of Motion Filed 27 May 2016, Remaining Issues Concerning Discovery and Costs After Amendment of Pleadings
Outcome
Limited discovery ordered against the second, third and fifth defendants; costs orders made; Notice of Motion filed 27 May 2016 otherwise dismissed.
Legal Topics
['discovery' 'notice of Motion' 'amendment of Pleadings' 'costs Follow the Event' 'overriding Purpose' 'search Warrant Documents']
['civil Procedure' 'costs'] ['discovery' 'notice of Motion' 'amendment of Pleadings' 'costs Follow the Event' 'overriding Purpose' 'search Warrant Documents']

Case Brief

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Procedural Posture

Common Law Proceeding; Procedural and Other Ruling / Plaintiff's Notice of Motion Filed 27 May 2016, Remaining Issues Concerning Discovery and Costs After Amendment of Pleadings

Legal Issues

  1. 1 ['Whether an order for discovery should be made before pleadings had closed or before evidence was completed.' "Whether the plaintiff's proposed discovery categories were justified or too broad and onerous." 'Whether alternative procedures such as a Notice to Produce, subpoena or other compulsion would be appropriate or sufficient.' 'What costs orders should be made in relation to amended pleadings, the discovery motion, proceedings before Wilson J, and case management hearings.']

Ratio Decidendi

Discovery was ordered in narrower terms because the knowledge and belief of Det. Snr. Constable Byrne and Snr. Constable Jason Samuel were critical to the plaintiff's pleaded claims, the documents in their possession or taken into account by them were relevant to those issues, and alternative procedures such as a Notice to Produce were unlikely to be as effective or efficient because the plaintiff could not specify the documents with the precision required. The plaintiff's wider proposed categories were too broad and likely unduly onerous. Costs of amended or proposed amended statements of claim were ordered against the plaintiff because the amendments were sought by the plaintiff and...

Court Disposition

Limited discovery ordered against the second, third and fifth defendants; costs orders made; Notice of Motion filed 27 May 2016 otherwise dismissed.

Orders

  • ['On or before 2 March 2018, the second, third and fifth defendants are to give discovery to the plaintiff of all documents in, and comprising the file reference number CEIU/03345 at the time it was provided to Det. Snr. Constable Byrne.' 'On or before 2 March 2018, the second, third and fifth defendants are to give...