Fregnan v Stanizzo; Stanizzo v Badarne; Stanizzo v State of New South Wales [2018] NSWSC 2004

Fregnan v Stanizzo; Stanizzo v Badarne; Stanizzo v State of New South Wales [2018] NSWSC 2004

The Court made case-management directions for the preparation of the court book, objections to evidentiary statements, opening addresses and a pre-trial listing because those directions balanced the need for proper trial preparation with the practical difficulties of the time of year; it declined to make directions requiring letters to be answered because any complaints about production or interrogatories must be pursued by the remedies and procedures provided by the UCPR and the Civil Procedure Act rather than by informal correspondence directions.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Common Law Civil Proceedings / Directions Hearing Before Trial Fixed to Commence on 4 February 2019
Outcome
Directions made; costs in the cause.
Legal Topics
['practice and Procedure' 'directions' 'court Book' 'notices to Produce' 'interrogatories' 'evidentiary Statements' 'case Management' 'costs in the Cause']
['civil Procedure'] ['practice and Procedure' 'directions' 'court Book' 'notices to Produce' 'interrogatories' 'evidentiary Statements' 'case Management' 'costs in the Cause']

Case Brief

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Procedural Posture

Common Law Civil Proceedings / Directions Hearing Before Trial Fixed to Commence on 4 February 2019

Legal Issues

  1. 1 ['What directions should be made to have the matters ready for trial in February 2019 while allowing for the difficulties associated with the time of year.' 'Whether directions should be made requiring letters about production, police records or further statements to be answered or replied to.' 'How any alleged insufficient production under notices to produce should be addressed.' 'Whether further evidentiary statements or evidence not served in accordance with existing directions could be relied on without leave.']

Ratio Decidendi

The Court made case-management directions for the preparation of the court book, objections to evidentiary statements, opening addresses and a pre-trial listing because those directions balanced the need for proper trial preparation with the practical difficulties of the time of year; it declined to make directions requiring letters to be answered because any complaints about production or interrogatories must be pursued by the remedies and procedures provided by the UCPR and the Civil Procedure Act rather than by informal correspondence directions.

Court Disposition

Directions made; costs in the cause.

Orders

  • ['Note that Mr Stanizzo has served proposed Index to Court Book (tender bundle) on 12 December 2018.' 'State of NSW, Ms Fregnan and Mr Badarne to notify each other party of any further documents sought to be included in Court Book by 11 January 2019.' 'The state to file and serve a Court book by 22 January 2019.'...