Odeh v State of New South Wales [2019] NSWSC 342

Odeh v State of New South Wales [2019] NSWSC 342

Leave to file the proposed Amended Statement of Claim is refused as it is insufficiently pleaded and does not satisfy legal elements for the causes of action; leave to join the putative third defendant is also refused due to lack of connection; plaintiff is permitted one further opportunity to seek leave to file a compliant pleading.

Jurisdiction
Australia
Judgment Date
01 April 2019
Procedural Posture
Civil / Interlocutory – Motion to File Amended Statement of Claim; Leave to Join Defendant
Outcome
Motion dismissed; leave to file proposed Amended Statement of Claim refused; plaintiff given leave to seek further leave within 28 days; leave to join third defendant refused; plaintiff to pay defendants' costs.
Legal Topics
['malicious Prosecution' 'abuse of Process' 'pleading Requirements' 'joinder of Parties']
['practice and Procedure' 'torts'] ['malicious Prosecution' 'abuse of Process' 'pleading Requirements' 'joinder of Parties']

Case Brief

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Procedural Posture

Civil / Interlocutory – Motion to File Amended Statement of Claim; Leave to Join Defendant

Legal Issues

  1. 1 ['Whether leave should be granted to file the proposed Amended Statement of Claim' 'Whether leave should be granted to join the putative third defendant' 'Whether the Statement of Claim sufficiently pleads causes of action of malicious prosecution and collateral abuse of process' 'Whether facts pleaded establish required legal elements']

Ratio Decidendi

Leave to file the proposed Amended Statement of Claim is refused as it is insufficiently pleaded and does not satisfy legal elements for the causes of action; leave to join the putative third defendant is also refused due to lack of connection; plaintiff is permitted one further opportunity to seek leave to file a compliant pleading.

Court Disposition

Motion dismissed; leave to file proposed Amended Statement of Claim refused; plaintiff given leave to seek further leave within 28 days; leave to join third defendant refused; plaintiff to pay defendants' costs.

Orders

  • ['Leave to file the proposed Amended Statement of Claim is refused.' 'Motion dismissed.' 'Leave granted to the plaintiff to file, within 28 days, a further Notice of Motion seeking leave to file a compliant Amended Statement of Claim.' 'Leave to join the putative third defendant is refused.' "Plaintiff shall pay the...