Hamod v State of New South Wales [2002] FCA 1348

Hamod v State of New South Wales [2002] FCA 1348

Leave to file the fourth amended statement of claim is granted, subject to removal of all statutory causes of action based on the Trade Practices Act and one common law claim; common law tort claims (conspiracy, false imprisonment, trespass, conversion, injurious falsehood, breach of duty of care) remain substantially allowed; parties bear own costs; requirement for applicants to retain common legal representation for further conduct of proceedings is foreshadowed.

Jurisdiction
Australia
Judgment Date
31 October 2002
Procedural Posture
Civil / Interlocutory (leave to Amend Pleadings/strike Out Application)
Outcome
Orders on strike out application and leave to amend; partial strike out granted; common law pleadings allowed subject to amendment.
Legal Topics
['strike Out Application' 'amendment of Pleadings' 'conspiracy' 'false Imprisonment' 'trespass to Property' 'detention' 'conversion' 'injurious Falsehood' 'malicious Prosecution' 'negligence']
['tort Law' 'practice and Procedure' 'trade Practices' 'common Law'] ['strike Out Application' 'amendment of Pleadings' 'conspiracy' 'false Imprisonment' 'trespass to Property' 'detention' 'conversion' 'injurious Falsehood' 'malicious Prosecution' 'negligence']

Case Brief

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Procedural Posture

Civil / Interlocutory (leave to Amend Pleadings/strike Out Application)

Legal Issues

  1. 1 ['Whether leave should be granted to file a fourth amended statement of claim' 'Whether parts of the proposed statement of claim disclose viable causes of action' 'Viability of common law causes of action versus statutory claims under Trade Practices Act']

Ratio Decidendi

Leave to file the fourth amended statement of claim is granted, subject to removal of all statutory causes of action based on the Trade Practices Act and one common law claim; common law tort claims (conspiracy, false imprisonment, trespass, conversion, injurious falsehood, breach of duty of care) remain substantially allowed; parties bear own costs; requirement for applicants to retain common legal representation for further conduct of proceedings is foreshadowed.

Court Disposition

Orders on strike out application and leave to amend; partial strike out granted; common law pleadings allowed subject to amendment.

Orders

  • ['Applicants have leave to file fourth amended statement of claim, conditional upon excision of statutory causes of action under Trade Practices Act and segment 28 common law claim.' 'Each party to bear its own costs of and incidental to application.' 'Pleadings in relation to amended claim to proceed per Federal...