Marshall v Woodhouse [2018] NSWSC 863

Marshall v Woodhouse [2018] NSWSC 863

Leave was granted to discontinue against the State as proceedings were settled. Leave to proceed on an amended statement of claim was granted, with directions made for further particulars, amendments, and future procedural steps to enable the just, quick and cheap resolution of the remaining claims.

Parties
Plaintiff: Garry Marshall; First Defendant: Nicola Woodhouse; Second Defendant: Estate of the Late Gary Woodhouse; Third Defendant: Phillip Woodhouse; Fourth Defendant: Andrew Woodhouse; Fifth Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
07 June 2018
Procedural Posture
Civil / Directions Hearing Following Leave to Discontinue Against One Defendant and Application for Further Pleadings and Particulars
Outcome
Leave granted to discontinue against the State and to amend statement of claim; procedural directions made for next steps.
Legal Topics
Directions, Leave to File Amended Statement of Claim, Notice of Discontinuance, Amendment of Pleadings
Civil Procedure Directions Leave to File Amended Statement of Claim Notice of Discontinuance Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Garry Marshall

Plaintiff

Nicola Woodhouse

First Defendant

Estate of the Late Gary Woodhouse

Second Defendant

Phillip Woodhouse

Third Defendant

Andrew Woodhouse

Fourth Defendant

State of New South Wales

Fifth Defendant

Procedural Posture

Civil / Directions Hearing Following Leave to Discontinue Against One Defendant and Application for Further Pleadings and Particulars

Legal Issues

  1. 1 Whether leave should be granted to file a notice of discontinuance against the State of New South Wales
  2. 2 Whether leave should be granted to amend the statement of claim
  3. 3 Directions for further conduct of proceedings

Ratio Decidendi

Leave was granted to discontinue against the State as proceedings were settled. Leave to proceed on an amended statement of claim was granted, with directions made for further particulars, amendments, and future procedural steps to enable the just, quick and cheap resolution of the remaining claims.

Court Disposition

Leave granted to discontinue against the State and to amend statement of claim; procedural directions made for next steps.

Orders

  • Schedule A to the proposed statement of claim to be provided by the plaintiff to the first and third defendants within 14 days.
  • Plaintiff to provide answers to a November 2017 request for particulars on or before 21 June 2018.